Understanding Functional Mobility, Dismissal, and Leave Rights
Functional Mobility
Within the Group
Not required because the employer has no time limit, provided they do not infringe on the rights of workers. This will receive the remuneration for being guaranteed what was being perceived.
Outside the Group
Justification for economic or organizational reasons and limited in time.
- Lower: unforeseen emergencies or for as long as required but at the same salary.
- Top: 6 months to 1 year or 8 in 2 years.
Rights: To receive the salary and claim that summit the vacancy from the functions performed in accordance with the promotion system of the company.
Causes of Suspension
Mutual agreement, contained in the contract, temporary disability, maternity or paternity, risk during pregnancy or breastfeeding, taking no less than one year of a child under 6 years of age or younger disabled public exercise representative, privacy, freedom, while there is no conviction, force majeure by the authority authorized temporary labor, causes economic, organizational, technical or authorized production in expedient of employment regulation, mandatory leave, strike, legal closure of the company or victims of domestic violence.
Causes of Dismissal
Repeated failure to timely assistance or verbal or physical offenses, indiscipline, transgression of contractual good faith, as well as the continuing abuse of trust and voluntary decrease in performance, habitual drunkenness or drug addiction, if impact Harassment.
Dismissal Procedure
Written notice through call termination letter. The notification must contain: “Decision to dismiss and facts underlying the dismissal.” Date dismissal takes effect. No prior notice is necessary.
Leave
CLASS | REASON | DURATION | STATE WORKER |
Volunteer | Worker need | 4 months-5 years | -1 Years old. “Do not compute it. “There is no reservation of the post but preemptive. “He may be exercised after 4 years of the previous leave. |
Forced | Election to public office representative | During exercise | -Compute in antiquity. “Book of the job. |
Childcare | Birth, adoption or fostering of a child under 6 years. | 3 years | -Reserve during the 1 year and preferential rights in the next 2. -Compute in antiquity |
Family Care | Up to 2 grade who can not fend for himself and no paid employment | 2 years | -Compute in antiquity -Reserve the 1 year |
RATING | CAUSES | CONSEQUENCES |
From | Causes have been tested | You are not entitled to compensation |
Unfair | No causes have been tested | The employer may either trabajadoro reinstatement of compensation of 45 days per year worked, up to 42 months and 33 days per year if fometo employment. |
Have not met the requirements for the transmission of disciplinary dismissal | ||
Have not met the requirements for dismissal for objective reasons. |
| |
Null | Fundamenteales violation of rights and public freedoms of workers | Reinstatement of workers and payment of lost wages from the date of dismissal, until notification of the decision |
Dismissal during the lactation period | ||
Dismissal of women victims of gender violence | ||
Dismissal of workers in the 9 months following the suspension of his contract by shorter working hours for child care and family or leave for family care |
Judgement