Understanding Employment Contract Suspension
Suspension of the Employment Contract
Grounds for Suspension: Listing and Analysis
This document outlines the various grounds for suspension of an employment contract.
a) Suspension by Mutual Agreement
Suspension can be based on the mutual desire of both the employer and the employee.
b) Temporary Disability and Maternity/Paternity
- Having a joint or occupational disease.
- Having an accident (work-related or not).
In the case of ordinary or occupational disease and accidents, the suspension lasts up to 12 months, extendable for another 6 months if it is presumed that the employee may be discharged for healing during this period. During this period, Social Security pays a cash benefit, and the employment contract is suspended.
If the incapacity for work persists after 18 months, following a medical discharge from the public health service (either for healing or exhaustion of treatment), the individual is classified as permanently incapacitated. The degree of disability is then assessed: permanent partial for the usual occupation, permanent total for the usual occupation, total for all work, or severe disability.
However, if there’s still a need for appropriate medical treatment, and to delay the qualification of permanent disability, it can be prolonged as long as necessary, provided that no more than 30 months elapse between the initial and final declaration.
In maternity cases, the contract suspension lasts for 16 uninterrupted weeks, extendable by two weeks for each child from the second in cases of multiple births.
For adoption and foster care (pre-adoptive or permanent) of children under six years, the contract suspension is the same as above. If the child is over six years old and has a handicap, disability, or special adaptation difficulties accredited by social services, the suspension period remains the same.
In addition to maternity leave, the Equality Act creates a new paternity leave of thirteen uninterrupted days, extended in the event of childbirth, adoption, or multiple fostering, by two days after the second child.
c) Exercise of Public Office
Public offices that lead to contract suspension, job reservation, and the calculation of seniority (as if they were working periods) are temporary positions of a political or trade union nature at the provincial level or higher, accessed by election or appointment of the competent authority.
During this suspension period, the company is not obliged to remunerate the worker unless otherwise provided by contract or collective agreement.
d) Disciplinary Sanctions and Deprivation of Liberty
Sanctions imposed by management can be reviewed by a judge if the employee disagrees. Sanctions can *never* be a reduction in vacation time or a fine (a salary deduction). A salary deduction as a sanction must be accompanied by a suspension of work, hence the term “suspension of employment and salary.”
Another form of suspension is the deprivation of the worker’s freedom, as long as there is no conviction. This refers to police custody and judicial custody directly related to an alleged crime, pending trial and final decision. For the contract to be effectively suspended (and the job reserved), the employee must notify the company of the situation, unless it is obviously impossible. Otherwise, the law considers this equivalent to resignation, resulting in contract termination.
Once the final sentence of the criminal case is issued, if it involves deprivation of liberty, the employer may terminate the contract.
e) Economic, Technical, Organizational, Production, or Force Majeure Reasons
These situations can also lead to suspension.
f) Labor Disputes
Work conflict situations can lead to a strike by workers, a fundamental constitutional right. A strike is a peaceful cessation of work activity, implying the absence of remuneration from the company.
A lockout is defined in Spanish law as having a defensive character. Companies can only decree it when there is a risk of damage to persons or property as a result of a strike. This form of suspension, involving cessation of work and remuneration, is purely protective and does not enjoy the same constitutional recognition as a strike.