Podcast
Questions and Answers
An employer terminates an employee's contract, but does not state whether they will reinstate the worker. According to the information provided, how many days does the employer have to make a decision before it is assumed they will reinstate the worker?
An employer terminates an employee's contract, but does not state whether they will reinstate the worker. According to the information provided, how many days does the employer have to make a decision before it is assumed they will reinstate the worker?
- 10 days
- 5 days (correct)
- 3 days
- 7 days
Under what circumstances would a dismissal be considered null and void?
Under what circumstances would a dismissal be considered null and void?
- When an employee is terminated after returning from suspension of contract due to a work-related injury. (correct)
- When an employee is terminated during the first month they started their job.
- When an employee is terminated for lack of productivity due to personal issues.
- When an employee is terminated for poor performance after being issued a warning.
If an employer decides not to reinstate an employee after an unfair dismissal ruling, what is the maximum compensation they might be legally required to provide, based on the information provided?
If an employer decides not to reinstate an employee after an unfair dismissal ruling, what is the maximum compensation they might be legally required to provide, based on the information provided?
- 45 days salary per year worked with no maximum
- 33 days salary per year worked with a maximum of 2 years (correct)
- 20 days salary per year worked with a maximum of 1 year
- 60 days salary with no maximum year restrictions
Which of the following is NOT a characteristic of the 'conciliation' method of Alternative Dispute Resolution (ADR)?
Which of the following is NOT a characteristic of the 'conciliation' method of Alternative Dispute Resolution (ADR)?
If a company fires a worker who has just returned from maternity leave, within what period would the dismissal be considered null and void, according to the information provided?
If a company fires a worker who has just returned from maternity leave, within what period would the dismissal be considered null and void, according to the information provided?
What is the primary rationale behind the 'preservation of the job' principle in the context of functional mobility?
What is the primary rationale behind the 'preservation of the job' principle in the context of functional mobility?
Which of the following is NOT a characteristic of functional mobility based on business reasons?
Which of the following is NOT a characteristic of functional mobility based on business reasons?
According to the concept of professional qualifications within functional mobility, what is the main restriction on an employer?
According to the concept of professional qualifications within functional mobility, what is the main restriction on an employer?
In the context of economic rights during functional mobility, an employee performing inferior tasks is entitled to which of the following?
In the context of economic rights during functional mobility, an employee performing inferior tasks is entitled to which of the following?
What distinguishes contractual limits from conventional limits in the context of functional mobility?
What distinguishes contractual limits from conventional limits in the context of functional mobility?
What is the maximum duration an employee can typically be assigned to a vertical ascendant role, before having the option for promotion or having the position covered by another employee?
What is the maximum duration an employee can typically be assigned to a vertical ascendant role, before having the option for promotion or having the position covered by another employee?
What is the primary distinction concerning the time limit for vertical ascendant and descendant functional mobility?
What is the primary distinction concerning the time limit for vertical ascendant and descendant functional mobility?
In which of the following situations is a conciliation act NOT mandatory before taking a company to court?
In which of the following situations is a conciliation act NOT mandatory before taking a company to court?
What is the primary role of the conciliator during the conciliation proceedings?
What is the primary role of the conciliator during the conciliation proceedings?
If a company fails to attend the scheduled conciliation proceedings, what is the typical next step for the worker?
If a company fails to attend the scheduled conciliation proceedings, what is the typical next step for the worker?
Which of the following is NOT a possible outcome of the act of conciliation procedure?
Which of the following is NOT a possible outcome of the act of conciliation procedure?
What happens if an employee takes a leave of absence without company permission?
What happens if an employee takes a leave of absence without company permission?
When is a dismissal deemed 'unfair' by a judge?
When is a dismissal deemed 'unfair' by a judge?
Under what circumstance can an employer deny a leave of absence?
Under what circumstance can an employer deny a leave of absence?
What happens to an employee’s seniority during a voluntary leave of absence?
What happens to an employee’s seniority during a voluntary leave of absence?
What does the Mediation and Arbitration Service (SMAC) do?
What does the Mediation and Arbitration Service (SMAC) do?
Which of these is a key requirement for a dismissal to be considered 'fair'?
Which of these is a key requirement for a dismissal to be considered 'fair'?
If an employee asks for reinstatement after a leave of absence and there’s no available job, what must the employer do?
If an employee asks for reinstatement after a leave of absence and there’s no available job, what must the employer do?
What is the immediate next step after the worker presents their conciliation paper to SMAC?
What is the immediate next step after the worker presents their conciliation paper to SMAC?
What recourse does an employee have if their reinstatement is unreasonably delayed by the employer?
What recourse does an employee have if their reinstatement is unreasonably delayed by the employer?
When a worker disputes a sanction received, which of the stages below MUST happen before going to court?
When a worker disputes a sanction received, which of the stages below MUST happen before going to court?
When must an employee request reinstatement after a voluntary leave of absence?
When must an employee request reinstatement after a voluntary leave of absence?
What is the maximum duration for a leave of absence for childcare?
What is the maximum duration for a leave of absence for childcare?
What is the specific term for the formal process which offers the opportunity to settle a case before heading to court?
What is the specific term for the formal process which offers the opportunity to settle a case before heading to court?
What is the correct procedure for when an employee wishes to take a leave of absence?
What is the correct procedure for when an employee wishes to take a leave of absence?
What is the consequence for an employee who breaches the principle of good faith during a leave of absence?
What is the consequence for an employee who breaches the principle of good faith during a leave of absence?
According to the provided information, what is the compensation for workers when their company closes down due to the employer's retirement?
According to the provided information, what is the compensation for workers when their company closes down due to the employer's retirement?
What is the immediate impact on a worker's employment contract if they become totally, absolutely, or severely incapacitated, according to the information given?
What is the immediate impact on a worker's employment contract if they become totally, absolutely, or severely incapacitated, according to the information given?
What is the employer's responsibility concerning workplace adaptation in cases of worker disability?
What is the employer's responsibility concerning workplace adaptation in cases of worker disability?
How is a business closure due to retirement of the employer with a company succession treated?
How is a business closure due to retirement of the employer with a company succession treated?
What is the primary role of the employer's power of management, according to the provided text?
What is the primary role of the employer's power of management, according to the provided text?
In the context of the content, how does the worker's duty of complying with the employer's instructions relate to the employer's power of management?
In the context of the content, how does the worker's duty of complying with the employer's instructions relate to the employer's power of management?
According to the content, under what circumstance is the automatic termination of a worker's contract due to permanent incapacity not applicable?
According to the content, under what circumstance is the automatic termination of a worker's contract due to permanent incapacity not applicable?
What is the legal basis for recognizing free enterprise, as stated in the content?
What is the legal basis for recognizing free enterprise, as stated in the content?
What happens when an employer has a partial retirement?
What happens when an employer has a partial retirement?
When could an employer's retirement be treated as an objective dismissal?
When could an employer's retirement be treated as an objective dismissal?
According to the provided information, what is the employer's legal obligation when a worker's permanent incapacity leads to contract termination?
According to the provided information, what is the employer's legal obligation when a worker's permanent incapacity leads to contract termination?
If a company closes due to the full retirement of the employer, what is the typical compensation due to the workers?
If a company closes due to the full retirement of the employer, what is the typical compensation due to the workers?
How does a partial retirement of the employer affect the employment relationship with his workers?
How does a partial retirement of the employer affect the employment relationship with his workers?
Under what condition would an employer's retirement be classified as an 'objective dismissal'?
Under what condition would an employer's retirement be classified as an 'objective dismissal'?
According to the content, which option best describes the relationship between the employer's power of management and the worker's obligations?
According to the content, which option best describes the relationship between the employer's power of management and the worker's obligations?
Which branch of law governs the relationship between the state and individuals?
Which branch of law governs the relationship between the state and individuals?
According to the Worker's Statute, which of the following is a key criterion for a relationship to be classified as a labor relationship?
According to the Worker's Statute, which of the following is a key criterion for a relationship to be classified as a labor relationship?
The principle of 'more favorable rule' in labor law implies that
The principle of 'more favorable rule' in labor law implies that
In the context of labor history, what was the primary characteristic of work relationships during ancient times?
In the context of labor history, what was the primary characteristic of work relationships during ancient times?
What was 'locatio conductio operarum' in Roman law?
What was 'locatio conductio operarum' in Roman law?
Which aspect of labor law distinguishes it from civil law?
Which aspect of labor law distinguishes it from civil law?
What was a primary characteristic of the feudal system in the Middle Ages regarding labor?
What was a primary characteristic of the feudal system in the Middle Ages regarding labor?
A worker requests an 8-week leave to care for their 6-year-old child. According to the regulations described, under what condition would this leave's regulations NOT be considered compliant?
A worker requests an 8-week leave to care for their 6-year-old child. According to the regulations described, under what condition would this leave's regulations NOT be considered compliant?
A worker's de facto partner's blood relative requires care after surgery (but not hospitalization). The worker requests leave. Which circumstance would NOT permit them to take leave?
A worker's de facto partner's blood relative requires care after surgery (but not hospitalization). The worker requests leave. Which circumstance would NOT permit them to take leave?
An employee applies for a leave of absence for childcare reasons for their 9-year-old child's studies, presenting a supportive report. How is this request most likey to be considered?
An employee applies for a leave of absence for childcare reasons for their 9-year-old child's studies, presenting a supportive report. How is this request most likey to be considered?
Which situation would qualify for the 4-day paid leave for unforeseeable family emergencies?
Which situation would qualify for the 4-day paid leave for unforeseeable family emergencies?
A worker requests a leave of absence, how would it affect their job after the first year, if not reinstated?
A worker requests a leave of absence, how would it affect their job after the first year, if not reinstated?
A worker takes an 8-week leave to care for their child from the age of 1 to 8 years old. What is a key characteristic of this leave according to the information provided?
A worker takes an 8-week leave to care for their child from the age of 1 to 8 years old. What is a key characteristic of this leave according to the information provided?
An employee's spouse is taken to hospital after an accident, requiring care at home. What leave provisions are applicable in this situation?
An employee's spouse is taken to hospital after an accident, requiring care at home. What leave provisions are applicable in this situation?
A worker has been on a leave of absence. What is a necessary step they must take to initiate rejoining their job?
A worker has been on a leave of absence. What is a necessary step they must take to initiate rejoining their job?
For the 5 day paid leave for relatives, which of these is NOT a criteria for it to be granted?
For the 5 day paid leave for relatives, which of these is NOT a criteria for it to be granted?
When is a worker's seniority calculated in context of a leave of absence?
When is a worker's seniority calculated in context of a leave of absence?
What was the primary function of guilds during the pre-capitalist era?
What was the primary function of guilds during the pre-capitalist era?
Which of the following best describes the economic policy that characterized the early stages of capitalism as mentioned?
Which of the following best describes the economic policy that characterized the early stages of capitalism as mentioned?
What was a significant socioeconomic consequence of the industrial revolution, as described in the text?
What was a significant socioeconomic consequence of the industrial revolution, as described in the text?
Which of the following legal factors played a crucial role in the genesis of labor law, according to the content?
Which of the following legal factors played a crucial role in the genesis of labor law, according to the content?
What do the 'first workers collective actions' mark in relation to the development of labor law as mentioned?
What do the 'first workers collective actions' mark in relation to the development of labor law as mentioned?
How did the state's perspective towards unionism evolve as labor law developed, based on the text?
How did the state's perspective towards unionism evolve as labor law developed, based on the text?
In which order, do the 4 stages of employee roles within guilds appear?
In which order, do the 4 stages of employee roles within guilds appear?
What was 'laissez-faire' economics' key impact on workers during the industrial revolution?
What was 'laissez-faire' economics' key impact on workers during the industrial revolution?
Which of the following was NOT a primary goal that led to the birth of labor laws, as described in the text?
Which of the following was NOT a primary goal that led to the birth of labor laws, as described in the text?
Which of the following best describes the relationship between 'the most favorable rule' and 'the most beneficial condition' principles in labor law?
Which of the following best describes the relationship between 'the most favorable rule' and 'the most beneficial condition' principles in labor law?
Within the hierarchy of legal norms, how does the legal effect of a Royal Decree-Law compare to that of an ordinary law?
Within the hierarchy of legal norms, how does the legal effect of a Royal Decree-Law compare to that of an ordinary law?
An agreement between a company and its employees outlines working conditions that are less beneficial than those specified in the applicable sectoral collective bargaining agreement. Which principle of labor law would be directly relevant in deciding the enforceable terms for the employees?
An agreement between a company and its employees outlines working conditions that are less beneficial than those specified in the applicable sectoral collective bargaining agreement. Which principle of labor law would be directly relevant in deciding the enforceable terms for the employees?
Which of the following best characterizes the legal effect of extra-statutory collective bargaining agreements in contrast to statutory ones?
Which of the following best characterizes the legal effect of extra-statutory collective bargaining agreements in contrast to statutory ones?
A worker is covered by two norms: one from a sectoral CBA (collective bargaining agreement) and another from a rule with rank of law. If both offer similar rights with the same scope, but the sectoral CBA is slightly higher in terms of monetary compensation. According to labor law principles, which norm should be applied?
A worker is covered by two norms: one from a sectoral CBA (collective bargaining agreement) and another from a rule with rank of law. If both offer similar rights with the same scope, but the sectoral CBA is slightly higher in terms of monetary compensation. According to labor law principles, which norm should be applied?
Which of the following is NOT a typical characteristic of a collective bargaining agreement (CBA)?
Which of the following is NOT a typical characteristic of a collective bargaining agreement (CBA)?
Regarding the scope of application, which type of collective agreement would primarily govern the working conditions and wages for a group of employees within a certain business?
Regarding the scope of application, which type of collective agreement would primarily govern the working conditions and wages for a group of employees within a certain business?
Which of the following is generally considered the highest level of international influence on labor law, based on the information provided?
Which of the following is generally considered the highest level of international influence on labor law, based on the information provided?
If a worker's fundamental labor right is violated by a company agreement that they have signed, according to the 'principle of inalienability of rights', what is likely to be the outcome?
If a worker's fundamental labor right is violated by a company agreement that they have signed, according to the 'principle of inalienability of rights', what is likely to be the outcome?
In the context of a Consolidated Text, such as the Workers' Statute, how is it legally created, according to the information provided?
In the context of a Consolidated Text, such as the Workers' Statute, how is it legally created, according to the information provided?
Flashcards
Functional Mobility
Functional Mobility
A situation where an employee is moved to a different job within the company, either to a higher or lower position.
Vertical Ascendant
Vertical Ascendant
Occurs when an employee is moved to a higher-level position within the company, typically involving increased responsibilities and higher pay.
Vertical Descendant
Vertical Descendant
Occurs when an employee is moved to a lower-level position within the company, often involving reduced responsibilities or pay. This can happen due to a situation where the employee's previous role is no longer necessary.
Horizontal Mobility
Horizontal Mobility
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Objective Limits
Objective Limits
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Autonomous Limits
Autonomous Limits
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Conventional Limits
Conventional Limits
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Right of Reinstatement
Right of Reinstatement
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Collective Bargaining Agreement (CBA)
Collective Bargaining Agreement (CBA)
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Job Abandonment
Job Abandonment
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Leave of Absence
Leave of Absence
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Leave of Absence for Childcare
Leave of Absence for Childcare
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Duration of Childcare Leave
Duration of Childcare Leave
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Simultaneous or Successive Childcare Leave
Simultaneous or Successive Childcare Leave
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Employer Cannot Cancel Job Position
Employer Cannot Cancel Job Position
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Seniority During Leave
Seniority During Leave
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Lawsuit Culture
Lawsuit Culture
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ADR
ADR
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Mediation
Mediation
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Negotiation Clause
Negotiation Clause
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Conciliation
Conciliation
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Termination due to Permanent Incapacity
Termination due to Permanent Incapacity
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Force Majeure Dismissal
Force Majeure Dismissal
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Dismissal due to Company Closure
Dismissal due to Company Closure
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Dismissal due to Retirement
Dismissal due to Retirement
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Power of Management
Power of Management
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Duty to Comply with Employer's Orders
Duty to Comply with Employer's Orders
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Employer's Right to Manage
Employer's Right to Manage
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Objective Dismissal
Objective Dismissal
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Employer's Right to Terminate for Incapacity
Employer's Right to Terminate for Incapacity
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Employer's Right to Terminate for Cause
Employer's Right to Terminate for Cause
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Act of Conciliation
Act of Conciliation
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Mediation and Arbitration Service (SMAC)
Mediation and Arbitration Service (SMAC)
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Aim of Conciliation
Aim of Conciliation
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Mandatory Conciliation Cases
Mandatory Conciliation Cases
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Fair Dismissal
Fair Dismissal
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Unfair Dismissal
Unfair Dismissal
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Presentation of the Conciliation Paper
Presentation of the Conciliation Paper
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SMAC Summons Both Parties
SMAC Summons Both Parties
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Conduct of the Conciliation Proceedings
Conduct of the Conciliation Proceedings
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Outcome of the Conciliation
Outcome of the Conciliation
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Study Notes
Introduction to Labour Law
- Law is a set of rules for coexistence
- Public law governs the state's relationship with individuals
- Administrative law, procedural law, criminal law, and taxation are branches of public law
- Private law governs relationships between individuals
- Civil law, commercial law, and international law are branches of private law
- Labour law (a set of social relationships that arise from someone performing services for others) applies when there is:
- Free will or voluntary actions
- Payment for services
- Dependent relationship with an organization
- Employment by another person
- Services based on personal qualifications, skills, or expertise.
Branches of Labour Law
- Trade union law: Trade unions negotiate with the government for workers' rights via collective bargaining agreements (CBAs)
Scope of Labour Law
- Workers' Statute Art 1: Sets out the social relationships arising from service provision, with the following conditions
- Voluntary or free acting
- Paid service
- Employee's dependent relationship with the employer
- Other people's service provided
- Service based on personal qualifications, expertise, or skills.
Labour Throughout History
- Ancient Times: Manual labor, worker-slave relationship, duties imposed by the master, no rights, and no salary
- Roman Empire: Distinction between labor (hard work) and work (creative activity), contracts between employers and freemen. Locatio conductio operis: completing a specific task. Locatio conductio operarum: hiring a service.
- Middle Ages: Workers categorized into slaves, freemen, and serfs. Feudalism: feudal lord/serf relationship. Workers received land and protection in exchange for a percentage of the harvest.
Not All Kinds of Work Are Regulated by the Workers' Statute
- The general principle of labor law is limiting the free will of parties (different than civil law)
- Principles that govern labor law application include: More favourable rule, more beneficial condition, and inalienability of rights
Factors That Determined the Genesis of Labour Law (Industrial Revolution)
- Sociological factors: The industrial revolution, change in work organization, and change in working population structure
- Legal factors: The liberal individualistic law and the dysfunction of its social principles, and the prohibition of unions
- Social factors: the labor movement, the point of view of social action, first workers' collective actions, and first workers' associations
State Intervention in Labour Relations Regulations
- Birth of labour law: First rules, including limiting working hours and breaks
- Interest of public authorities, employers, and workers
- Structure and role of judicial power, jurisdiction, who administers justice (courts of justice)
- Labour and social jurisdiction: charge of procedures relating to labour issues between companies/individuals
Sources of Labour Law
- Generic rules and specific rules (shared with other branches of the legal system: law, custom, CBA, employment contract)
- General rules & sectoral rules: The worker's statute sets minimum conditions.
- National and international rules –
- National: Spanish Constitution, Statutes, Collective agreements, Employment contract custom, and general principles of law.
- International: Regulations and directives EU, conventions and recommendations of ILO, international treaties, and international jurisprudence
Spanish Constitution, Social and Democratic Rule of Law
- Fundamental rights, citizen rights, and guiding principles of social and economic policy (social security, health, and safety)
- International treaties, international labour organization (ILO), pacts of conventions of the UN, and bilateral & multilateral agreements.
- EU legislation, organic law: freedom of association, ordinary law (laws on temporary employment agencies), and legislative decrees that approve consolidated texts (e.g., Workers' Statute).
- Collective bargaining agreements (CBAs)
Employment Contract
- Workers Statute, Art 1: This law applies to workers who voluntarily render their paid services
- Elements of employment contract:
- Voluntary undertaking
- Personal nature of services
- Subordination/dependency relationship
- On behalf of others
- Remuneration
- The parties: Worker and employer (relevant to worker: subject of employment contract, member of affiliated union, subject protected by SS.) Employer: physical or legal persons who provide services for legally constituted temporary employment agencies
Important Notes about Contracts
- Standard: should be ruled under labour laws and the CBA.
- Exchange: employer-employee interest.
- Onerous: economic advantage for both parties.
- Consensual: because both parties must consent.
- Probation period: It is an agreement setting a time frame for termination by parties involved.
Employment Contract (Continued)
- Art 8 WS: Work contract can be written or verbal; it is presumed to exist between service provider and recipient.
- Standard: ruled by labor laws and CBAs.
- Exchange: interests between employer and employee.
- Onerous: economic advantage for both parties.
- Consensual: both worker and company need to consent.
- Probation period: set by agreement to indicate when termination may occur without prior notice..
Part-Time Contracts
- Employment contract is considered part-time when the number of hours worked per day/week/month are less than a comparable full-time position.
Distance Work (Telework)
- Remote/telework: 30% minimum of remote work within a 3-month period.
- Agreement in writing, optional, and reversible.
Temporary, Training, and Internship Agreements.
- These contracts have specific criteria and conditions
Hand-over Contract
- A hand-over contract is associated with part-time jobs that are the result of retirement.
- The minimum time requirements vary by condition (33 years, minimum 6 years with the same company)
Indefinite Contract
- An indefinite contract has no specific duration requirements and often is a result of the continuity in the employment relationship
Permanent Discontinuous Contracts
- Characterized by intermittent work over an extensive timeline (such as Jan-Dec)
Company Succession (Transfer of Undertakings)
- Change of ownership, services, or assets of a company (or portion thereof) that continue under a new management team.
- All previous labour obligations, relations, and rights remain with the new employer.
- Change of ownership can be partial or total.
- Inter vivos: when the previous owner is still alive (sale, mergers, etc)
- Mortis causa: when the previous owner has died (inheritance)
Information Obligations
- Responsibilities of the transferor & transferee: provide information to worker representatives.
Job Liability (Inter Vivos)
- Employer is liable for labour obligations before & after takeover (such obligations must be met for 3 years after takeover)
Contracting and Subcontracting
- Employer may subcontract strategic, organizational, or economic work tasks to another company (contractor) and the contractor may subcontract to another company (subcontractor) for specific functions that are part of the original service contract.
- Principal and subsidiary companies have specific obligations to ensure worker well-being
Occupational Health Obligations (when workers of different companies are in the same work place. Different companies must cooperate and establish a joint protocol.)
- Evaluation of workplaces, accident risks, and prevention
- Protection measures, emergency measures, and ongoing compliance with regulations
Sector or Industrial Agreements
- Guaranteed that there will be a sector agreement applicable to the contractor, subcontractor, and the primary company.
- In accordance with WS (workers statutes) or agreement related to the activity performed (Title 3 - Art 84).
Suspension of Employment Relationship
- Temporary cessation of work and payment obligations, with continued legal linkage.
Causes of Suspension.
- Agreement (mutual agreement, and causes for the absence)
- Impossibility for the worker to supply the service.
- Factual causes for absence (force majeure)
- Leave of Absence (Public Office, Childcare, Family) Various types of Leave of Absence that can disrupt the typical employee work pattern
Termination of Employment Relationship
- Mutual agreement, term expiration, resignation, death, dismissal (types of dismissal, objective, subjective, disciplined)
- Force majeure, and objective reasons.
Workers' Representative Rights
- The workers have the right to participate (and be represented) in company settings (such as labor disputes). These representatives are elected (by workers) to participate in CBA, conflict resolution proceedings, or other similar situations.
Means of Labor Pressure for Resolution of Disputes
- This relates to the actions workers can take in order to resolve conflict with or between the employer (such as strikes)
- This also includes negotiating with the employer (mediation/conciliation) or outside intervention
Legal Lockout, Lockout, and Job Liability
- Legal, Illegal Lockout consequences
- If it is illegal then there will be a fine of compensation.
- Lock out procedures and process.
Types of Dismissals, Dismissal Procedures and Outcomes
- Different types of dismissal (collective and objective) with specific criteria
- The procedure and obligations for parties involved (such as written communication, time limits, and required steps for dispute resolution)
- Penalties for violation of the procedure.
Power of Management
- The employer's power to manage the company, give instructions, and monitor workers’ work.
- This power has certain limits (heteronomous and autonomous).
Alternative dispute resolution (ADR)
- Procedure to resolve conflict outside of court.
Working Day, Work Hours, Overtime, and Salary
- Working day definition (40 hours max/week).
- Working day regulations (overtime, breaks)
- Minimum wage and Salary (how it is calculated and relevant laws).
Vacations & Holidays
- Length and duration of vacations.
- Legal obligations surrounding holiday periods(legal basis and worker rights).
Remuneration
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