Employment Regulations and Termination Quiz

A legally binding agreement between two parties with the power of a judicial ruling. It's a win-win situation where both parties are required to accept the solution.

A process where two conflicting parties agree on clauses to resolve disagreements through negotiation before resorting to court.

A process where a neutral third party facilitates communication and encourages negotiations between two conflicting parties, without offering solutions.

A process where a neutral, independent third party helps two parties reach a mutually acceptable solution to their conflict. The solutions are not binding.

Alternative Dispute Resolutions (ADR)

A contract can be ended if the agreed-upon conditions are met or not met, as long as these conditions are not against ethical principles.

If a worker continues working after the contract's expiration date without a new agreement, the contract automatically extends to an indefinite one.

A worker can resign without specific reasons, but must notify the company according to the labor agreement or local custom.

If a worker leaves without notifying their company, they lose their rights to compensation or unemployment benefits.

An employee can terminate their contract if the company makes a significant change to their work conditions that are harmful or disrespectful.

Victims of gender violence can be protected by specific labor rights and have certain benefits to help them manage their situation.

A victim of gender violence can request a reduction in working hours (with a corresponding salary reduction), flexible schedule, or a change of workplace.

Dismissal of an employee deemed null and void due to the employee being a victim of gender violence. The employee may be entitled to free legal assistance.

Benefits offered to companies hiring individuals who are victims of gender violence. This includes reductions in social security contributions and potentially hiring a replacement for the individual who suffered gender violence.

Employer's unilateral decision to dismiss an employee for justified reasons. This can include disciplinary dismissal for misconduct, objective dismissal based on company needs, collective dismissal due to restructuring, or force majeure (unforeseen circumstances).

Causes beyond the control of both employer and employee that may result in termination of the employment contract. Examples include death of either party, permanent incapacity, or retirement.

Termination of the contract due to the death of the worker. The deceased worker's heirs may be entitled to compensation from the company, such as 15 days' worth of salary.

Termination of the contract due to the death of the entrepreneur or employer. The employment relationship ends unless the heirs continue the business. Workers may be entitled to a month's salary as compensation.

Termination of the contract due to the worker's permanent incapacity, including total, absolute, or severe disability. The company may be required to adapt the workplace to the disability. If termination occurs, workers may be eligible for social security benefits related to disability.

Termination of the contract due to the entrepreneur or employer's permanent incapacity. The entrepreneur has a period of 10 months to close the business and terminate the contract.

Termination of the contract due to the worker's retirement. The worker may receive a pension from social security based on the type of retirement.

The right of an employer to search an employee's belongings, locker, desk, etc., but only when it is strictly necessary, such as during a robbery or a dangerous event, and with the presence of another worker. This doesn't allow opening sealed envelopes, and searches are not permitted beyond the workplace.

A type of dismissal that affects a certain number of employees within a specified period of time due to economic, technical, organizational, or production reasons (ETOP). Companies with less than 100 workers need to dismiss 10 employees within 90 days or a 10% dismissal rate for a company with 100-300 workers, while companies over 300 workers need to dismiss 30 employees within 90 days.

Company loses money, leads to laying off workers.

Changes in the tools or technology used for work, leading to a reduced need for employees. For example, automation may make some jobs redundant.

Modification of systems or work methods, leading to a reduced need for employees. For example, a retail store shifting to an online platform.

Reduced demand for products or services, leading to a reduced need for employees.

A formalized process involving communication to employees, consultation with worker representatives, and notification of labor authorities, culminating in a written dismissal letter. The process must be transparent and fair.

Compensation provided to employees upon collective dismissal, calculated as 20 days of pay for each year of service, with a maximum of 12 months. This amount is paid to employees after they are laid off.

A period of 15 days given to employees after receiving the dismissal letter, during which they are still employed by the company. Once this period ends, their employment contract is terminated.

Both refer to dismissals, but ERE involves permanently dismissing employees due to company changes, while ERTE temporarily suspends employees' contracts due to economic hardship, with the potential to return to work later on. ERTE is like a temporary layoff.

A formal process initiated by the worker to resolve a labor dispute with their employer. It involves presenting a conciliation paper to the SMAC (Spanish acronym for Conciliation and Arbitration Service).

The official body responsible for mediating labor disputes in Spain. They summon both the worker and employer for a conciliation hearing.

A meeting facilitated by the SMAC where the worker and employer present their perspectives and attempt to reach a mutual agreement.

A successful outcome of the conciliation process where both the worker and employer reach a mutually agreeable solution.

When parties involved in the conciliation process fail to reach an agreement.

An outcome where the employer fails to appear at the conciliation hearing. This automatically triggers the next step, which is going to court.

A court decision that declares the dismissal of a worker as valid and justified, based on the employer proving the grounds for dismissal.

A court decision that rules a dismissal as unjustified, either because the employer failed to provide sufficient grounds or did not follow proper procedures.

A specific type of unfair dismissal where the employer must reinstate the worker and cannot replace them with compensation. This applies in cases of discrimination or violation of worker's rights.

A court-ordered compensation paid to a worker for an unfair dismissal. The amount is calculated based on their salary and the duration of their employment, with a maximum of 2 years.