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Questions and Answers
What is a characteristic of mediation in the context of alternative dispute resolution?
What is a characteristic of mediation in the context of alternative dispute resolution?
In arbitration, what is the outcome termed that the parties are obliged to follow?
In arbitration, what is the outcome termed that the parties are obliged to follow?
What distinguishes arbitration from other forms of alternative dispute resolution?
What distinguishes arbitration from other forms of alternative dispute resolution?
What exists when a matter has been resolved in arbitration and cannot be appealed?
What exists when a matter has been resolved in arbitration and cannot be appealed?
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Which of the following statements about conciliation is true?
Which of the following statements about conciliation is true?
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What happens when a contract's expiration is reached and the worker continues to work without the company terminating it?
What happens when a contract's expiration is reached and the worker continues to work without the company terminating it?
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In the case of resignation without cause, what is required of the worker?
In the case of resignation without cause, what is required of the worker?
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What compensation is applicable if a worker resigns due to a substantial modification of work conditions?
What compensation is applicable if a worker resigns due to a substantial modification of work conditions?
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What type of protection is offered to victims of gender violence in the workplace?
What type of protection is offered to victims of gender violence in the workplace?
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When must one party notify the other about the termination of a contract that is longer than one year?
When must one party notify the other about the termination of a contract that is longer than one year?
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What is required for a worker to request termination of their contract as a victim of gender violence?
What is required for a worker to request termination of their contract as a victim of gender violence?
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What consequence does a worker face if they abandon their job without notifying the company?
What consequence does a worker face if they abandon their job without notifying the company?
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What is the consequence if a company dismisses a victim while she is entitled to legal rights?
What is the consequence if a company dismisses a victim while she is entitled to legal rights?
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What type of dismissal occurs when an employer decides to terminate an employee's contract unilaterally?
What type of dismissal occurs when an employer decides to terminate an employee's contract unilaterally?
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What compensation is due to workers' heirs in case of the worker's death?
What compensation is due to workers' heirs in case of the worker's death?
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When a worker is permanently incapacitated, what obligation does the employer have?
When a worker is permanently incapacitated, what obligation does the employer have?
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What happens to employment contracts upon worker retirement?
What happens to employment contracts upon worker retirement?
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What is the time frame within which an employer must close a company after a worker is declared disabled?
What is the time frame within which an employer must close a company after a worker is declared disabled?
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Which type of dismissal involves the closure of the business?
Which type of dismissal involves the closure of the business?
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What is a benefit a company receives when they hire victims of gender violence?
What is a benefit a company receives when they hire victims of gender violence?
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What is the entitlement of workers if their employment is terminated due to a company closing down?
What is the entitlement of workers if their employment is terminated due to a company closing down?
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Under what circumstances can an employer search an employee's belongings?
Under what circumstances can an employer search an employee's belongings?
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Which of the following describes the criteria for a collective dismissal in a company of less than 100 workers?
Which of the following describes the criteria for a collective dismissal in a company of less than 100 workers?
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What is the meaning of ETOP reasons in the context of collective dismissal?
What is the meaning of ETOP reasons in the context of collective dismissal?
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What is the maximum notice period an employee receives after a collective dismissal letter?
What is the maximum notice period an employee receives after a collective dismissal letter?
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Which type of dismissal could occur based on negative economic situations?
Which type of dismissal could occur based on negative economic situations?
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What role do labor authorities have in the collective dismissal process?
What role do labor authorities have in the collective dismissal process?
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What is required from workers' representatives before a collective dismissal is executed?
What is required from workers' representatives before a collective dismissal is executed?
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Which of the following could NOT be considered a legitimate reason for collective dismissal?
Which of the following could NOT be considered a legitimate reason for collective dismissal?
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How many days can the consultation period last for a company with less than 50 workers?
How many days can the consultation period last for a company with less than 50 workers?
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What must an employer provide as compensation in the event of a collective dismissal?
What must an employer provide as compensation in the event of a collective dismissal?
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What must the employer do within 5 days of an unfair dismissal ruling?
What must the employer do within 5 days of an unfair dismissal ruling?
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Which of the following outcomes can occur during the conciliation proceedings?
Which of the following outcomes can occur during the conciliation proceedings?
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In what scenario is a dismissal considered null and void?
In what scenario is a dismissal considered null and void?
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What role does the conciliator play during the proceedings?
What role does the conciliator play during the proceedings?
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What type of compensation is awarded for unfair dismissal?
What type of compensation is awarded for unfair dismissal?
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What happens if the company does not appear during the conciliation hearing?
What happens if the company does not appear during the conciliation hearing?
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Which of the following must the employer comply with when dismissing an employee?
Which of the following must the employer comply with when dismissing an employee?
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What is the primary goal of the conciliation proceedings?
What is the primary goal of the conciliation proceedings?
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Under what condition might a dismissal be deemed fair?
Under what condition might a dismissal be deemed fair?
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Which situation would lead to reinstatement rather than compensation?
Which situation would lead to reinstatement rather than compensation?
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Study Notes
Employment Regulations and Termination
- Not working will not be paid unless the regulations state otherwise. Leave can be continuous or discontinuous.
- Paid leave is available for 5 days to care for a second degree family member or de facto partner. This is for accidents, serious illness, hospital stays, or home rest. There is no annual limit.
- Leave is also available for up to 4 days for unforeseen family emergencies (force majeure). This can be for a family member or companion of the worker who needs the worker's presence. Maximum 4 days per year.
- Employment termination can occur at any time, but specific procedures must be followed.
- Mutual agreement is one way to end employment
- Contractual clauses for termination are valid as long as they adhere to moral standards
- Termination is possible at the end of the contract period
- Worker resignation is allowed at any time.
- The termination of employment can occur due to death, severe disability, or retirement.
- The employer's retirement or death can also end an employment relationship.
- Force majeure events can terminate a contract.
- Employer and worker can reach a contract termination agreement.
- Worker termination is also possible due to termination by the employer.
- Objective reasons for termination are valid causes of termination.
Workers' Unilateral Decisions
-
Without Cause:
- Resignation requires advanced notice based on CBA or custom.
- No compensation is offered for resignation.
- No unemployment benefits are given.
- Abandonment requires same conditions as resignation.
-
With Cause:
- Transfer due to substantial work condition changes.
- 20 days pay per year worked (up to 9 months) must be given as compensation.
- Victim of gender violence is provided specific labor rights protections.
Employer's Unilateral Decisions
- Disciplinary dismissal
- Objective dismissal
- Collective dismissal
- Force majeure (causes beyond the parties' control)
Dismissal Causes
- Employee's Death
- Employer death causes transfer of funds, but compensation can be paid if the worker was due anything before death
- Employer can be responsible for worker's health
Other Important Considerations
- Request for reduction of working day will reduce salary
- Right to re-arrange work (flexible schedule/table)
- Leave of absence (job reservation, up to 18 months)
- Termination of the contract is possible if a worker has contributed for at least a year to the company.
- Worker's right to receive free legal assistance if fired during a period of protection.
- Employees' compensation if company closes down, or if the worker retired from his position.
- Employer's dismissal of a worker due to disability needs to adapt the work environment.
- The worker has the right to be entitled to benefits of the SS if disabled
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Description
Test your knowledge on employment regulations related to leave and termination. This quiz covers important policies regarding paid leave, procedures for termination, and conditions for resignations. Understand the legal frameworks that govern these processes.
