Employment Law: Suspension of Employment Contracts

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Questions and Answers

What is the maximum duration for leave of absence due to the birth of a natural child?

2 years

1 year

5 years

Until the child turns 3 years (correct)

What must be true for an employee to retain job reservation for 18 months after leave of absence?

The employee must be on leave for over two years.

The employee must have five or more children. (correct)

The employee must have a permanent foster child.

The employee must adopt a child.

What is an effect of the leave of absence for caring for a family member?

Obligation to pay contributions during the leave.

No right to attend professional training courses.

Job reservation within the same professional category post the first year. (correct)

No job reservation during the first year.

Under the Family Law 2023, how long is parental leave granted for child care?

8 weeks Signup and view all the answers

Which circumstance allows an employee to take a leave of absence for family care purposes?

Care of a relative who cannot fend for themselves due to specific reasons. Signup and view all the answers

What is required for the 2-year leave of absence for family care to be extended?

Collective agreement. Signup and view all the answers

Which of the following accurately describes the effects of suspension of the employment relationship?

The duties under the employment contract continue to exist. Signup and view all the answers

What is NOT a recognized cause for suspension of the employment contract?

Employee voluntary resignation. Signup and view all the answers

In the context of suspension, which condition maintains the continuity of the employment contract?

The employee's duties to the employer. Signup and view all the answers

Which of the following situations would be considered a temporary cause for the suspension of an employment contract?

Imprisonment without a conviction. Signup and view all the answers

Under what circumstance can an employee be suspended due to family matters?

Care for a minor under six years of age. Signup and view all the answers

Which of the following is an example of a situation that is NOT a valid reason for contractual suspension?

Employee quitting due to dissatisfaction. Signup and view all the answers

What is the maximum duration for temporary incapacity due to health reasons, extendable under certain conditions?

365 days Signup and view all the answers

Which type of leave of absence is specifically associated with the birth and care of a child?

Maternity leave Signup and view all the answers

Under which circumstances can an employee's contract be terminated due to absence from work?

If a conviction leads to imprisonment Signup and view all the answers

Which reason for suspension does NOT involve an individual’s health or personal circumstance?

Force majeure Signup and view all the answers

What type of leave of absence is allowed when a worker is elected to a public office?

Forced leave of absence Signup and view all the answers

Which of the following best describes absolute permanent incapacity?

Unable to perform any job and needs assistance Signup and view all the answers

Which situation would likely not qualify as a cause for leave due to impossibility of work?

Severe weather conditions Signup and view all the answers

What is the suspension outcome if a worker is acquitted after being imprisoned?

The suspension is lifted Signup and view all the answers

What is the deadline for requesting reinstatement after a leave of absence?

30 calendar days Signup and view all the answers

Under what condition can an employer be deemed to have terminated the contract due to abandonment?

Employee does not request reinstatement within the specified timeframe Signup and view all the answers

What is the minimum seniority required for an employee to apply for voluntary leave of absence?

12 months Signup and view all the answers

What happens if an employee applies for reinstatement and there is a vacancy?

The employee may seek legal action for damages Signup and view all the answers

In the case of voluntary leave, how is seniority affected during the leave period?

Time on leave is not calculated for seniority purposes Signup and view all the answers

What must an employee do if there is a delay in the acceptance of their reinstatement application?

Bring action for damages with rights to compensation Signup and view all the answers

What is required for an employee to exercise the right to voluntary leave again?

At least 4 years must have elapsed since the last leave Signup and view all the answers

What is the employer's obligation regarding job positions during voluntary leave?

They have no obligation to reserve the position Signup and view all the answers

Which of the following is considered unfair dismissal?

Failure to reinstate after a justified leave of absence Signup and view all the answers

What is affected in terms of contributions during voluntary leave?

There is no obligation to pay contributions Signup and view all the answers

Study Notes

Suspension of the Employment Relationship: Leave of Absence

The suspension of an employment contract is a temporary release from working and paying for work, but the employment relationship remains.
Articles 45-48 WS define the suspension.
Suspension situations are often protected by social security.
Employee duties like good faith and non-compete remain during a suspension.
Time not worked still counts towards seniority.

Causes of Suspension

Mutual agreement: Agreement between employer and employee.
Valid contract reasons: Reasons explicitly stated in the employment contract.
Temporary incapacity: Short-term inability to work due to illness.
Childbirth/Adoption/Foster care: For minors under 6 years or, with disabilities.
Risk during pregnancy/breastfeeding: A nine-month period for the birthing parent.
Exercise of representative public office: Holding a political position.
Imprisonment: Only if there is no conviction.
Disciplinary reasons: Temporary suspension for misconduct.
Force majeure: A factual cause that makes working impossible.
Economic/Technical/Production reasons: A problem affecting the company that makes work impossible.
Forced leave: A prescribed situation.
Right to strike: A legally recognized employee right.
Legal closure of the company: Company ceases operations.
Gender violence: Cases of violence at work.
Parental leave: A period of leave.

Effects of Suspension

Temporary nature: The suspension is temporary.
No work provision: The employee is not expected to work.
No salary: The employee does not receive payment during suspension.
Social security protection: Some suspension situations are covered by social security.
Employment Contract Survival: The employment contract remains valid.
Duties maintained: Employee duties outlined within the contract remain.
Seniority calculation: Time not worked during suspension is still counted towards seniority.

Leave of Absence (Excedencias)

Forced Leave: Employee election or appointment to public office.
Voluntary Leave: Employee chooses to take a leave of absence.
Family Care Leave: Care for a dependent family member (up to second degree of kinship) or a child the employee cares for, up to the child's third birthday.
2 years, in some cases extendable by collective agreement. Calculated from the request date or an official judicial date.

Suspension Effects - Leave of Absence

Job reservation: Right to claim the same job, if a vacancy occurs.
Reinstatement: A request to return to the job. The employer cannot cancel the job if a vacancy exists in the same position or similar one.
Reinstatement delay: If there is a delay in reinstatement, the employee has the right to compensation for lost salary.
Unilateral termination: If an employer unilaterally terminates the contract due to lack of reinstatement, it may be deemed unfair.
No contribution obligation:
Non-protected situation: It is not a scenario protected under social security.

New Permits for Child and Partner Care

8-week parental leave: For the care of children by fathers or mothers, this can be continuous or split up.
Paid leave (5 days): For the care of second-degree family members or de facto partners because of serious illness.
Paid leave (up to 4 days): For unpredictable family emergencies.

Additional Information

The company must maintain worker's seniority and employment agreement during suspension.
Duration of the leaves can be affected by company policy. There may be legal limits imposed based on regional legislation.
Specific regulations can be different depending on the job.

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Description

This quiz covers the suspension of employment relationships, specifically focusing on leave of absence scenarios. It explores causes for suspension as defined in Articles 45-48 of the WS and highlights employee rights and duties during this period. Test your understanding of employment laws and their implications on employee contracts.