Employee Rights: Contract Modification, Suspension, and End

Posted on Dec 8, 2024 in Law & Jurisprudence

Modification, Suspension, and Termination of Contract

  • Modification of the employment relationship: Changes to the contract signed.
  • Suspension of the contract: Temporary interruption of the contract (the employee ceases to receive, and the employer stops paying).
  • Termination of contract: End of contract.

Modification of Contract Work

Functional Mobility

Any employee, with appropriate professional and academic qualifications, can perform tasks for which they have not previously been employed, changing the functions of their category.

a) Descending: For the time necessary, urgent and unforeseeable reasons, and maintenance of wages.

b) Ascending: For technical, organizational, or production reasons, affecting the economic competitiveness of the company. If maintained over 6 months in 1 year or more than 8 months in 2 years, the employee should rise and claim the corresponding wage.

* If the employee disagrees with mobility, they may terminate the contract and go to the Social Court.

Geographical Mobility

This is the change within the same company to another workplace and, in general, a change of residence.

The company must allege technical, economic, organizational, or production reasons that affect the competitiveness of the company.

  • Transfers: May be indefinitely or for more than 12 months in 3 years. Termination of the contract with compensation of 20 days’ salary per year worked, with a maximum of 12 months. Notice of 30 days. Expenses paid by the company. Recourse to the Social Court after the change; if the employee wins, 45 days per year worked with a maximum of 42 months or return to the workplace.
  • Displacement: More than 3 months, 5 days’ notice. Every 3 months, 4 days of leave. The company must retain at least the same category and salary. Expenses paid by the company. Recourse to the Social Court after the change; if you earn 45 days per year worked with a maximum of 42 months or return to the workplace.

Substantial Changes in Working Conditions

These changes affect important aspects of working conditions such as working hours, shift work regime, and performance pay systems work, without a change in functional mobility functions. With 30 days’ notice to the worker and legal representatives.

The company has the obligation to prove that for technical, organizational, and economic production reasons that affect the competitiveness of the company to justify this type of modification work. The company must open a consultation period with the legal representatives of at least 15 days.

A modified function or schedule is of collective nature whenever any of the following circumstances:

  • 10 workers in firms with fewer than 99 people on staff.
  • 10% of employees in companies of between 100 and 299 workers.
  • 30 workers in organizations of more than 300 people.

In the event of termination of contract, compensation is 20 days with a maximum of 9 months.

If no termination of contract, go to court to ask for social change as unjustified and can be given two options:

  • Maintain the current conditions.
  • Termination at the will of the worker with compensation of 45 days of salary, with a maximum of 42 months.

Suspension of the Contract Work

The interruption of the provision of work during a certain time.

CCP

  • Minimum requirements: One year of seniority.
  • Duration: 4 months to 5 years.
  • Consequences: Not counted for purposes of seniority. During the first year, you have the right to keep your job; after that, only in the second year.

Forced Leave

  • Minimum requirements: Having been appointed or elected to public office which hinders work support (political or trade union).
  • Duration: The duration of the post.
  • Implications: Computed for seniority, there are reserves in the workplace, must request reinstatement in the month following the termination of the contract because it was discontinued.

Leave for Care of Children

  • Reserve job for one year.
  • Counted for purposes of seniority.
  • Right to training courses.
  • Maximum of 3 years from the birth, adoption, or foster care.

Leave for Family Care

  • Reserve job for one year.
  • Counted for purposes of seniority.
  • Right to training courses.
  • Maximum duration of two years.

Termination of Employment Contract

The termination of the employment relationship means the termination of all obligations arising out of the contract by both parties. The company has an obligation to communicate when the employment relationship ends and present settlement and discharge the worker.

The compensation paid may appear in this document or in another part. The receipt or payment is made for monthly salaries, overtime not collected, extra payments, and outstanding holidays not taken.

Individual Termination (Unilateral)

Termination by the Employee’s Will

  • Termination of contact without justification:
    • Leaving without notice.
    • Resignation.
  • Termination of the contract justified:
    • Substantial modification of working conditions with prejudice to the worker.
    • Continued non-payment or delays in the payment of wages.
    • Serious breaches by the company.
    • Retirement.

Termination by the Will of the Company

  • Dismissal for objective reasons:
    • Absences at work, even justified but intermittent, if they reach at least 20% of working days in 2 consecutive months or 25% in 4 months, starting within a period of one year. In addition, they must comply with the rate of absenteeism of the total workforce center in the reference period exceeding 5%.
  • Dismissal for incompetence of the employee: Must be recognized after the placement of the worker. After the trial period, this cause cannot be alleged.
  • Dismissal for Lack of adaptation to technical changes in the workplace: They must be reasonable for the knowledge and skills of the worker, and at least 2 months must pass to adapt to the new site.
  • Dismissal for redemption sites: Occurs when, due to economic, technical, organizational, or production reasons, the company needs to pay off somewhere in order to overcome accredited difficulties.

* Procedure for the company in case of termination of contract:

  • Deliver the letter of dismissal, notifying in writing.
  • Notice of 30 days between the date of notification and the previous extinction.
  • Compensation of 20 days’ salary per year of service with a maximum of 12 months.
  • Granting a license for 6 hours a week during the previous notice and without loss of pay so the worker can find another job.

* Judicial declaration of dismissal:

  • From (justified).
  • Inappropriate (45 days’ salary for one year with a maximum of 42 months or reinstatement of the employee).
  • Null (a breach of or violation of fundamental rights), have you made a return to reinstate discrimination in the workplace.
  • Disciplinary Dismissal: Serious breach by the employee in connection with their work duties. Causes:
    • Repeated and unjustified absences and punctuality.
    • Indiscipline or disobedience at work.
    • Verbal or physical offenses to leaders/co-workers.
    • Decreased performance on an ongoing and voluntary work.
    • Contractual breach of good faith.
    • Habitual drunkenness or drug use that adversely affects the performance of work.
    • Persecution on grounds of racial or ethnic origin, religion or belief, disability, age, sexual orientation, or sexual harassment of the employer or people working in the company.

Proceedings before a disciplinary dismissal:

  • Notify in writing the termination of the contract, detailing the cause and the date from which the effects.
  • To provide the employee the receipt of funds and receipt.
  • Making the sacking of the 60 days following the date on which it has knowledge of the breach of employment.

The grade of dismissal on disciplinary social Court may:

  • Originally, when it is justified.
  • Inappropriate: when there is a default.
  • Null: what caused the extinction violates fundamental rights or discrimination occurs.

Joint Extinction

Both agree (employer/worker).

Other Termination

  • Termination of the contract for out arrival, compensation of 8 days of salary.
  • Mutual agreement, no compensation.
  • Other causes fixed in the contract, valid not abusive.
  • Death and disability unless the employer has an heir, compensation of 1 month’s salary.
  • Termination of legal personality (the company closed), compensation of 20 days’ wages it pays FOGASA.