Understanding Worker Obligations and Employer Rights
Power directly. Obligations and duties obligate the worker to perform the work agreed under the direction of the employer. The duty of care and collaboration of work is marked by laws, collective agreements, and orders or instructions adopted by the employer. The employer has the right to take any action it deems appropriate for surveillance and monitoring to verify compliance by the employee with their obligations and work duties, keeping in consideration due to human dignity. The employer may check the status of an accident or illness claimed by the worker to justify their absence from work, using medical assessments. Disciplinary power is necessary to ensure the existence of corrective action or sanctions for actions that constitute a lack of compliance by the worker, as outlined in the law or contract agreements. This is a legal relationship whereby a person provides services for remuneration as an employee voluntarily, under the direction and control of other individuals, legal entities, or community property.
Contract characteristics: A typical contract must have certain characteristics: it is bilateral, requiring both sides; it is consensual, perfected with the agreement between the parties; it is onerous, generating patrimonial obligations; it is commutative, determined by the value of the consideration; and it is regulated, subject to the regulation of successive chains of law, repeating over time without the need for a new contract.
Form of contract: Contracts can be written or oral (permanent or temporary). For contracts lasting less than 4 weeks, they can be oral, but those lasting more than 4 weeks, and those for training practices, must be written.
– 40 hours of actual work per week, averaged over a total annual daily average. It should not exceed 9 hours unless established by the agreement. The workday may begin at 12 hours or so.
Structural hours and no-sk due to a mismatch in the usual location of work. Prohibition for minors under 18 years. Structural commitments are voluntary. Night work: Performed between 10 PM and 6 AM, cannot exceed 8 hours on average every 15 days. A worker who works night shifts must not work more than 2 weeks in a row. Labor rights: Rights include work and free choice of profession, free association, collective negotiation, the right to strike, and the right to assemble.
Duties of the worker: Contributing to improved productivity, observing health and safety measures, and fulfilling instructions and orders from the employer in the exercise of its directive powers. ETT cannot be celebrated: To replace a worker on strike, to transfer workers to other temporary work, or for carrying out certain activities with special hazards specified in the regulations. Obligations of enterprise users: Register contracts for use, inform employees of the risks of their jobs, and report to the representatives of the workers on each standing contract within 10 days following the celebration.