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Questions and Answers
The conciliation act is an optional administrative step before going to court for a labor dispute.
The conciliation act is an optional administrative step before going to court for a labor dispute.
False (B)
The conciliation form should be presented to the Ministry of Labor's legal department.
The conciliation form should be presented to the Ministry of Labor's legal department.
False (B)
A worker can sue for unfair dismissal before presenting the conciliation paper.
A worker can sue for unfair dismissal before presenting the conciliation paper.
False (B)
If a worker wants to challenge a disciplinary sanction, they do not have to present a conciliation paper before disputing it.
If a worker wants to challenge a disciplinary sanction, they do not have to present a conciliation paper before disputing it.
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After presenting the conciliation paper, the SMAC will invite both the worker and the company to attend the conciliation proceedings.
After presenting the conciliation paper, the SMAC will invite both the worker and the company to attend the conciliation proceedings.
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The conciliator helps the parties find a mutually disagreeable solution.
The conciliator helps the parties find a mutually disagreeable solution.
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A conciliation act is an unenforceable document, allowing the company not to comply with what has been agreed.
A conciliation act is an unenforceable document, allowing the company not to comply with what has been agreed.
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Workers provide their services within the scope of organization and management of an employee.
Workers provide their services within the scope of organization and management of an employee.
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It is a basic duty of the worker to comply with the orders of coworkers in the regular exercise of their managerial role.
It is a basic duty of the worker to comply with the orders of coworkers in the regular exercise of their managerial role.
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Rule-making power is not considered one of the management powers of an employer.
Rule-making power is not considered one of the management powers of an employer.
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A disciplinary dismissal occurs when the termination decision of the employer affects a certain number of workers in a legally established period of time.
A disciplinary dismissal occurs when the termination decision of the employer affects a certain number of workers in a legally established period of time.
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A worker's lack of adaptation to their job is a cause for collective dismissal.
A worker's lack of adaptation to their job is a cause for collective dismissal.
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Repeated unjustified failure to be on time for work is not cause for disciplinary dismissal.
Repeated unjustified failure to be on time for work is not cause for disciplinary dismissal.
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Regular drunkenness with a negative impact on work is considered a ground for disciplinary dismissal with compensation.
Regular drunkenness with a negative impact on work is considered a ground for disciplinary dismissal with compensation.
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Study Notes
Dismissal Unit 11
- Free enterprise is recognized in market economies. Public authorities ensure its exercise and safeguard productivity, aligning with economic planning.
- Workers provide services within the employer's organizational and management scope.
- Workers are obligated to follow employer orders and instructions during the employer's managerial role.
- Employer powers include rule-making, control, disciplinary/sanctioning, and police power.
- Dismissal types include collective, objective, and disciplinary dismissal.
- Collective dismissal causes include economic, technical, organizational, and production factors. This affects a certain number of workers within a specific, legal time frame.
- Objective dismissal involves worker ineptitude, lack of job adaptation, or economic/technical/organizational/production causes, which is evident after placement.
- Disciplinary dismissal factors include repeated absenteeism, indiscipline/disobedience, verbal/physical offenses towards the company or family members, breach of contract/trust, declining performance, regular drunkenness/addiction, or any form of harassment.
- Conciliation Act: A prior, compulsory administrative procedure before the Mediation and Arbitration Service (SMAC) to resolve disputes amicably, avoiding court.
- A conciliation form details the claim and facts.
- Conciliation is mandatory for dismissal, disputes, payment claims, and right claims (e.g., seniority, professional category).
- Conciliation procedure involves presentation of papers, summons of parties, a hearing where parties present claims, and a conciliator's function as a mediator.
- Settlement results in an enforceable agreement, while disagreement allows parties to proceed to court. Company absence waives its conciliation right.
- Dismissal effects include fair, unfair, null, and void termination.
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Description
This quiz covers the various aspects of dismissal in the workplace. Topics include types of dismissal, employer powers, and the obligations of workers within an organization. Test your knowledge on collective, objective, and disciplinary dismissals, as well as the role of public authorities in safeguarding economic productivity.
