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Questions and Answers
Under what circumstance can an employee terminate their contract and still be eligible for unemployment benefits?
Under what circumstance can an employee terminate their contract and still be eligible for unemployment benefits?
What is the primary protection afforded to a woman who is a victim of gender violence under employment law?
What is the primary protection afforded to a woman who is a victim of gender violence under employment law?
If an employer dismisses an employee who is a victim of gender violence while they are entitled to legal protections, what is the consequence?
If an employer dismisses an employee who is a victim of gender violence while they are entitled to legal protections, what is the consequence?
What is one of the employer's actions that could be deemed an employer fulfillment, allowing the employee to quit with cause?
What is one of the employer's actions that could be deemed an employer fulfillment, allowing the employee to quit with cause?
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In the event of an employee's death, what is the protocol regarding compensation?
In the event of an employee's death, what is the protocol regarding compensation?
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Which of the following best describes the concept of 'salary as a privileged credit'?
Which of the following best describes the concept of 'salary as a privileged credit'?
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What is the primary function of the Wage Guarantee Fund (FOGASA)?
What is the primary function of the Wage Guarantee Fund (FOGASA)?
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Which principle of salary management focuses on guaranteeing equal pay for equal work?
Which principle of salary management focuses on guaranteeing equal pay for equal work?
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Which of these is considered an example of indirect remuneration?
Which of these is considered an example of indirect remuneration?
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Which type of remuneration is not related to monetary compensation?
Which type of remuneration is not related to monetary compensation?
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What is the first step involved in establishing minimum and maximum salary levels?
What is the first step involved in establishing minimum and maximum salary levels?
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What does 'functional mobility' primarily refer to in the context of employment?
What does 'functional mobility' primarily refer to in the context of employment?
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What does the concept of unseazable wages primarily aim to protect?
What does the concept of unseazable wages primarily aim to protect?
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What is the main difference between job based and performance based remuneration systems?
What is the main difference between job based and performance based remuneration systems?
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Which principle dictates that actual working conditions override the formal contract if they conflict?
Which principle dictates that actual working conditions override the formal contract if they conflict?
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According to the provided text, what is the primary purpose of the 'principle of reasonableness'?
According to the provided text, what is the primary purpose of the 'principle of reasonableness'?
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Which of the following is NOT an essential element of an employment contract, according to the text?
Which of the following is NOT an essential element of an employment contract, according to the text?
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Which statement best describes the 'alienness' element of an employment contract?
Which statement best describes the 'alienness' element of an employment contract?
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What is the key function of a 'probation period' within an employment contract?
What is the key function of a 'probation period' within an employment contract?
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What is a 'standard' work contract defined by?
What is a 'standard' work contract defined by?
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Which of the following best defines the 'consensual' nature of an employment contract?
Which of the following best defines the 'consensual' nature of an employment contract?
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Under what circumstances is the reinstatement of a job position NOT guaranteed after a period of suspension?
Under what circumstances is the reinstatement of a job position NOT guaranteed after a period of suspension?
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Which scenario is NOT a valid reason for the suspension of employment?
Which scenario is NOT a valid reason for the suspension of employment?
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What is the maximum duration for temporary incapacity benefit, before a medical tribunal assesses the worker's condition?
What is the maximum duration for temporary incapacity benefit, before a medical tribunal assesses the worker's condition?
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Under what circumstances might an employee be categorized as having a 'total' temporary incapacity?
Under what circumstances might an employee be categorized as having a 'total' temporary incapacity?
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What does 'absolute' incapacity mean in regards to termination of employment?
What does 'absolute' incapacity mean in regards to termination of employment?
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What is the duration of maternity/paternity leave granted after the birth of a child, as per the 2019 reform?
What is the duration of maternity/paternity leave granted after the birth of a child, as per the 2019 reform?
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Which of the following is NOT a situation eligible for the 16 weeks of parenthood leave?
Which of the following is NOT a situation eligible for the 16 weeks of parenthood leave?
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According to the content, who is eligible for receiving maternity leave?
According to the content, who is eligible for receiving maternity leave?
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What type of payment is generally received during temporary incapacity?
What type of payment is generally received during temporary incapacity?
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What is a key aspect regarding the rights to maternity and paternity leave pertaining to transferability?
What is a key aspect regarding the rights to maternity and paternity leave pertaining to transferability?
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An employee is elected to a public office. Which statement regarding their forced leave is MOST accurate?
An employee is elected to a public office. Which statement regarding their forced leave is MOST accurate?
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Which of these conditions requires an employee to request reinstatement after a forced leave of absence due to public office?
Which of these conditions requires an employee to request reinstatement after a forced leave of absence due to public office?
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An employee requests forced leave for participation in trade union functions. What is the MOST accurate requirement for eligibility?
An employee requests forced leave for participation in trade union functions. What is the MOST accurate requirement for eligibility?
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If an employee is required to fulfill an unavoidable public duty that makes it impossible to work, which condition MUST be met to be granted this forced leave?
If an employee is required to fulfill an unavoidable public duty that makes it impossible to work, which condition MUST be met to be granted this forced leave?
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An employee wants to request voluntary leave of absence. What is the minimum seniority required and minimum duration of the leave?
An employee wants to request voluntary leave of absence. What is the minimum seniority required and minimum duration of the leave?
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An employee has taken a voluntary leave of absence. When can they request this type of leave again?
An employee has taken a voluntary leave of absence. When can they request this type of leave again?
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What is the impact of an employee working for another company during their voluntary leave of absence?
What is the impact of an employee working for another company during their voluntary leave of absence?
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What is the main way that the duration of voluntary leave be extended?
What is the main way that the duration of voluntary leave be extended?
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An employee is applying for a voluntary leave of absence. What MUST the employee do, besides meeting any requirements?
An employee is applying for a voluntary leave of absence. What MUST the employee do, besides meeting any requirements?
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When an employee takes forced leave for holding a public office, which of the following is NOT a characteristic of the leave?
When an employee takes forced leave for holding a public office, which of the following is NOT a characteristic of the leave?
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Study Notes
Employment Contracts
- Application: Workers who voluntarily provide paid services for another person (employer/entrepreneur)
- Elements: Voluntary service, personal nature of services, subordination/dependency, working on behalf of others, remuneration
- Conflict Resolution: Actual work conditions take precedence over formally stated contract terms
- Principle of Reasonableness: Decisions and actions must be fair, rational, and justifiable
- Worker Rights: Subject to an employment contract, staff member, affiliated to a union, Subject protected by law
- Employer Obligations: Legally recognized physical or legal entities
- Temporary Agencies: Employers who hire employees through such agencies
Employment Contracts (continued)
- Probation Period: A time period where both employer and employee can end the arrangement without prior notice or compensation
- Maximum Probation Duration: 6 months for qualified technicians, 2 months for others (companies with less than 25 workers), maximum 3 months for non-qualified technicians in temporary contracts, and 1 month otherwise
- Advance Notice: Period before contract termination, crucial for changing conditions, dismissal, etc
- Dismissal: Collective, objective, and disciplinary dismissal, as well as dismissal due to force majeure
Nature of Employment Contracts
- Written and Verbal Contracts: Presumed to exist if someone is providing a service for compensation
- Training contracts (art 11 WS) : Duration between 16 and 30 years, no overtime or night work, no probation period, cannot be concluded if worked in the same company for over 6 months, in indefinite contract
- Training contracts (art 15 WS): Due to production circumstances. Inflexible 6-12 months timeframe, or a 90 day foreseeable period in a calendar year, Substitution for an employee
- Contracts to secure professional practice (3 yrs experience must have passed since the professional degree): Three year gap after graduating, prohibition against formative activities within the same enterprise for more than 3 months.
- Internship agreements: Doesn't establish employment relationship. Effective 1/1/2024 requires registration with Social Security
- Hand-over contracts (prior retirement contractual obligation) : Linked to part-time contracts due to partial retirement, worked full time, contributed 33+ years to the same company. Work should continue for the last 6 years
- Indefinite Contracts: Without time limits in service provision, considered indefinite unless proven otherwise, various types of indefinite contracts for family workers, disabled people, socially excluded people and victims of gender violence.
- Permanent Discontinuous Contracts: Intermittent work activity
Working Day
- Duration: 40 hours/week as average if not agreed otherwise; 9 hours maximum per day (12 hours minimum break between work days) if higher that 6hrs minimum rest will be 15 minutes
- Overtime: Additional hours beyond the agreed limit
- Protection of –18 year olds: cannot work more than 8 hours a day
- Night work: strictly between 22:00 and 06:00, or 24:00 and 05:00
- Breaks: Mandatory during working days if the day is continuous and lasts longer than 4.5 hours
- Rest period: Weekly rest required -2 uninterrupted days
- Holiday: Paid and non-recoverable
- Legal Limitations: Obligations, prohibitions for individuals, minors, etc.
- Paid Vacation: Agreed duration (minimum 30 days)
Distance work (telework) -
- Remote Work Law (10/2021): At least 30% of the working workday within a 3 month period.
- Compliance Requirement: Mandatory minimum content in remote work agreements (inventory, expenses, working hours, workplace, etc)
- Employee/Employer Agreements: Written, voluntary, reversible
Functional mobility
- Ability To Change Tasks: Ability for an employer to change duties according to need.
- Horizontal changes: Same professional group, no reason needed.
- Vertical changes: Change of tasks to different groups, or levels, only on organizational or technical reasons
- External Limits: legal and conventional, with general restrictions concerning employee dignity
- Internal limits: depend on specific circumstance case by case, legal limits for transfers and objective reasons
Company Succession
- Transfers: Change of ownership, legal effects (new employer takes on rights/obligations of old employer)
- Inter vivos: Change in ownership due to action, and is the period when the company is being exchanged between alive people
- Mortis causa: Change in ownership due to death
- Objective and subjective elements: Required for a company transfer to be valid (all essential elements of the company are transferred.)
Dismissal
- Mutual Agreement: Both parties agree to end the contract
- Workers' Unilateral Decision (without cause): Resignation or abandonment (with advanced notice depending on the law )
- Workers' Unilateral Decision (with cause): Substantial change in work conditions (individual or collective).
- Company Unilateral Decision (without cause): Collective or objective dismissal.
- Company Unilateral Decision (with cause): Disciplinary dismissal, force majeure
Leave of Absence
- Forced Leave of Absence: Representation in public office
- Voluntary Leave of Absence: Minimum seniority required in the workplace (minimum of 1 year), minimum 4 months, maximum of 5 years, with no repetition within 4 years (with possibility of extension), but under good faith condition.
- Leave of Absence for Childcare: Up to 2 years, and can be taken in installments/fractions
- Termination of employment Relationship: Contract end, with worker and company obligations (e.g., severance pay), conditions for termination (e.g., mutual agreement, violation), and relevant timeframes
Other Important Information
- Minimum Interprofessional Wage (2024): Daily minimum wage and monthly minimum wage were established, depending on different work conditions.
- Salary Guarantees: Workers' salaries are treated as privileged debt.
- Payroll Processing: Set of rules and procedures for establishing salary structure & internal/external equity
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Description
This quiz covers the essential elements and application of employment contracts, including worker rights, employer obligations, and regulations regarding probation periods. It emphasizes the importance of actual work conditions and the principle of reasonableness in employment relationships.
