Employment Contract Termination: Causes and Maternity Protection
Labor Contract Termination
Forms of termination of employment contracts in private law include mutual consent, legal reasons (resolution, termination, annulment), and unilateral declarations of will. The termination of a work contract is a legal event that ends the employment relationship, dissolving legal and ethical obligations between parties, except for confidentiality. It’s crucial to seek legal advice to ensure contracts are efficient and avoid premature dissolution. The end of a contract can mean the worker loses their income source.
Mutual Agreement of the Parties
Parties have the autonomy to dissolve a contract, which must be presented before a minister of faith.
Objective Grounds for Termination
These are facts that may cause contract dissolution, such as:
Agreed Deadline
Contracts for seasonal work or short periods have a maximum duration, often one year. If work continues after the deadline, the contract becomes indefinite. A second fixed-term contract also leads to an indefinite contract if work continues.
Completion of Work or Service
The completion of the work is a clear cause for termination. However, if the terms are not clear, the contract may be interpreted as indefinite. Permanent contracts are for an indeterminate time.
Note: Bankruptcy is not a just cause for dismissal, and workers are entitled to compensation.
Unforeseeable Circumstances or Force Majeure
Events like shipwrecks or earthquakes that are impossible to resist can lead to termination.
Subjective Causes for Termination
These are events attributable to a person, subclassified into:
Involuntary
Death.
Voluntary
Causes giving rise to dismissal:
First Cause
Lack of probity (integrity and honesty) of the employee, sexual harassment, or actions against the employer or other workers.
Second Cause
Negotiations by the worker in the same line of business, prohibited by the employer in the contract.
Third Cause
Unexcused absences: not attending for 2 consecutive days, two Mondays in a month, 3 days in a month, or when the work was an important part of the task.
Fourth Cause
Abandonment of work: untimely and unwarranted departure during work hours without permission.
Fifth Cause
Acts, omissions, or negligence affecting safety.
Sixth Cause
Intentional damage to facilities, machinery, tools, labor, product, or merchandise (sabotage).
Seventh Cause
Serious breach of contract obligations.
Maternity at Work
Labor law protects motherhood, recognizing rights for pregnant women and new mothers. Maternity protection includes:
Maternity Leave
Maternity leave protects women from being fired without prior judicial authorization from conception until one year after the postnatal period. Permits include prenatal and postnatal leave, sick leave for a child under one year, leave for a child under 6 months in custody, and permission to feed the child.
Prenatal Rest
A 6-week rest period before the birth.
Postnatal Rest
A 12-week rest period after the birth. Workers with custody of a child under 6 months are also entitled to 12 weeks of leave. Mothers are entitled to two breaks not exceeding one hour per day to feed their children.
Subsidies
Maternity leave is paid at 100% of the wages or taxable income earned before the leave.
Prohibition of Certain Jobs
During pregnancy, women cannot perform tasks considered harmful to their health, such as lifting heavy weights, strenuous physical exertion, or working at night.