Understanding Labor Laws: Contracts, Benefits, and Safety

Posted on Dec 12, 2024 in Law & Jurisprudence

ITEM 4: Payroll

Base prices of contingencies (BCCC)

• Total compensation: total compensation earned, or supplied-overtime
• Proportion of extra payments (base salary + age) x 2 / 12

The total base 2 = base 1 + overtime.

ITEM 5: Modification, suspension and termination of contract

Modification: Time, time, shift work, renewal system …

Suspension: maternity, strike, leave of absence

Extinction: end

Functional change (employee’s job)

• Ascendant:
  • senior
  • + 6 months in a period of one year
  • + 8 months in a period of two years
• Horizontal:
• Functions of the only professional group working shifts.
• Descending:
• A junior level for urgent reasons and keeping wages.

Geographical Modification

• Displacement (time) -1 year:
• Allowances, travel expenses and 4 days off every 3 months.
• Transfer (final) +1 years
• Terminate the contract entitled to compensation 20 days per year of service.

Substantial changes

• Time: from morning to afternoon or full day
  
• Day: increasing the number of hours
• Hours: Daylight Savings Time
• Working system
• Remuneration system
• Time, day and time: if the employee does not agree can terminate the contract entitled to compensation: 20 days salary for each year of service. Limit 12 monthly.

Suspension

Motherhood (16 weeks)

mandatory

Risk

for 16 weeks + 2 weeks for each additional child

pregnancy

100% of the base

Paternity leave: 13 days (INSS) and 2 days (business)

Reduced hours

• Breastfeeding:

  
  a child under nine months, the worker shall be entitled to time off work or reduced their hours by half an hour.
• 
  Children born preterm, who must remain hospitalized worker may be absent from work for one hour or day can reduce up to two hours, with a proportionate reduction of wages.
• 
  

  Care Law:

• For reasons of legal custody to a child under 8 years old or a disabled person who does not perform a gainful activity
• To a family member to the second degree of consanguinity or affinity are not fend for himself and not gainfully employed.
• As a victim of gender violence can reduce the time working with proportional reduction in wages or working time rearrange to enforce their protection or their right to social assistance.

Suspension of contract

• Maternity
• Adoption or foster care
• Risk during pregnancy and risk during breastfeeding a child under 9 months
• Paternity
• GBV

Leave

• Compulsory: political office, unions, etc.
• Volunteer: at least 1 year of age (duration according to the agreement)
• Care for children up to 3 years
• Two sections or intervals
• The first year reserves the same job
• The second and third year not to reserve the same position you just have preference for re-entry when a vacancy occurs
• Care for family (1 or 2 degrees)
• GBV 6 months.

Disciplinary Dismissal

• Indiscipline or disobedience at work
• Violation of good faith contractual
• Harassment, discrimination, xenophobia, etc.
• Repeated absences and unexcused (+20%)
• Continuous decline in performance and voluntary
• Toxiconomia, intoxication only if a negative impact on the job.

Letter of dismissal to 20 days to SMAC (Service for mediation, arbitration and conciliation) à conciliation.

Objective dismissal

• Lack of adaptation to technical modifications
• Ineptitude
• Excused absences (if unjustified serious disciplinary)
• Amortization of a job due to technical, organizational or production.

Collective dismissal

• More than 10% template (ERE)
• Consultation period of 30 days at least (Compensation = 20 days)
• Economic, technical, organizational and production

Legal definition of dismissal

• From: to be credited with the causes. Dismissal is strengthened and is entitled to unemployment
• Inappropriate, within 5 days shall:
• Compensation (45 days / year of 42 monthly allowance to Limitee)
• Readmission (with payment of salaries pending)
• Null: When is discriminatory or based on grounds contrary to the constitutional rights and duties: race and sex, motherhood, sexual status, etc..

LEGAL ACTION AGAINST THE DECISIONS OF THE EMPLOYER

PROCEDURE FOR ACTION IN CASE OF DISAGREEMENT OF TIME ON THE DECISIONS OF THE EMPLOYER

• Submit a request for conciliation prior or a prior claim.
• Seek conciliation
  • • There is agreement
    • Fail to agree
    • This is not the employer
    • This is not the worker
• Submit application to the Labour Court jurisdiction
• Court settlement
• Oral hearing
• Judgement

ITEM 7: unemployment benefits

SOCIAL SECURITY BENEFITS

• Contributory, the provisions we have quoted and we therefore right (unemployment benefit).
• No tax or welfare, when received, but without sufficient contributions (unemployment benefit).

= Daily base? Contribution bases last 6 months unemployment

180

The first 180 days lost 70% of the base

The other days 60% of the base

ITEM 10: MEASURES OF PREVENTION AND PROTECTION

Prevention measures deal with the risks at source (risk assessment)

Protection measures (work):

• Groups: rails, safety net, safety fences, fireproof material, smoke extractors, fans, etc..
• Individual: helmets, jackets, shoes, harness, gloves, masks, etc..

PRINCIPLES OF PREVENTIVE ACTION

• Eliminate risks as far as possible.
• Reduce the risks to the maximum (if it is not possible to eliminate them)
• Replace the work process involving increased risk from lower risk. Even where it is more expensive.
• Inform and train workers
• Risk assessment …

BRANCHES PREVENTION TECHNIQUES

• Workplace Safety (preventing AT)
• Occupational hygiene (prevents and treats EP)
• Ergonomics (available studies … Adaptation of the job, posture)
• Psicosociología (job dissatisfaction, burnout, stress)
• Medical jobs (vigilación health)

ITEM 11: MANAGEMENT OF PREVENTION

Evolution of occupational hazards.

• Define risk
• Analyze
• Assessing the risk

Probability that the risk will materialize in damage:

• Baja
• Media
• Added

Rating damage

• Slightly harmful
• Harmful
• Extremely harmful

Based on these parameters is described subsequently:

• Trivial injury (mild)
• Moderate damage
• Tolerable damage
• Intolerable harm

ORGANIZATION OF THE PREVENTION ON BUSINESS

• It is less than 6 trabajadoresà may charge the employer, provided that works in the company, have the basic course on prevention and do not qualify as dangerous activities.
• If you have more than 500 employees or more than 250 employees if dangerous activity: you have to create a prevention service itself.
• On the other companies can control an external prevention services (mutual) and / or appoint a sufficient number of workers.
• Create a joint prevention service.

THE BASIC LEVEL PREVENTION

• Stimulate interest and cooperation of workers in preventive action.
• Promote the correct use of work equipment and protective, safe behavior and basic preventive actions, such as order, cleanliness, signage and general maintenance. Monitor and to control.
• Basic risk assessments and where appropriate, preventive measures consistent with their level of training.
• Assist in the evaluation and control of general and specific risks of the company, making visits to the effect, responding to complaints and suggestions, data logging, and many similar functions are necessary.
• Act in an emergency and first aid interventions to manage the first effect.
• Cooperate with prevention services, where appropriate.

REPRESENTATION OF EMPLOYEES IN PRL

Safety representatives

Skills:

• Collaborate with the management of the company in improving preventive action.
• Promote and encourage the cooperation of workers in the implementation of regulations on occupational risk prevention.
  
• Be consulted by the employer
• Monitor and control compliance with regulations for the prevention of occupational hazards.

Entitled:

• Accompanying technical assessments carried out prevention and labor inspectors and social security in their visits to the workplace.
• Receive information from the company
• Visits to places of work should perform monitoring and control of working conditions.
• Make proposals to the employer on preventive measures and actions to improve safety and health of workers
• Propose to the representation of workers to halt the activity of the company, in case of serious and imminent.

ITEM 12: THE PLAN OF PREVENTION OF OCCUPATIONAL HAZARDS

PREVENTION PLAN

• Company identification
• Chart. Business functions. Activities. Prevention policy.
• Organizational structure of the company personnel involved prevention, functions and responsibilities.
• Prevention training
• Self-protection plan, how to cope with emergencies, fires, hazardous facilities and people and Evacuation Plan Emergency Plan.
• Health Surveillance.

HEALTH SURVEILLANCE

• It will collect information on individual workers and the possibility that he is in a situation of particular sensitivity.
• Testing measures are designed to examine the health of workers and their frequency, taking into account the type of risk. The results will provide the employee with the advice and ensuring appropriate confidentiality.
• Epidemiological studies be conducted and an analysis of occupational diseases developed during and after employment with the company.

MEDICAL SURVEY: MANDATORY

• Where it is essential to assess the effects of working conditions on workers’ health.
• To verify the worker’s health status may constitute a danger to himself, for other workers or third parties.
• When required by a legal provision for the protection of specific risks and particularly dangerous activities.

EVACUATION PLAN

• Quickly
• Order
• Control
• Effectiveness