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Questions and Answers
Which of the following is NOT listed as a source of labour law?
Which of the following is NOT listed as a source of labour law?
What is the hierarchy of Spanish labour sources starting from the highest authority?
What is the hierarchy of Spanish labour sources starting from the highest authority?
Which principles are recognized by the Spanish Constitution?
Which principles are recognized by the Spanish Constitution?
Which of the following bodies resolves collective disputes at a national level in Spain?
Which of the following bodies resolves collective disputes at a national level in Spain?
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What type of rights does the Spanish Constitution specifically recognize?
What type of rights does the Spanish Constitution specifically recognize?
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Which is an example of national rules in the Spanish labour law system?
Which is an example of national rules in the Spanish labour law system?
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Which option best describes the function of the labour inspectorate?
Which option best describes the function of the labour inspectorate?
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What happens in the event of non-compliance during company succession?
What happens in the event of non-compliance during company succession?
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During the consultation period of a company succession, which parties must be consulted?
During the consultation period of a company succession, which parties must be consulted?
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What is the liability regarding labor obligations during a company succession?
What is the liability regarding labor obligations during a company succession?
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What was the aim of the labor reform of 2022 regarding contracting and subcontracting?
What was the aim of the labor reform of 2022 regarding contracting and subcontracting?
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In a contracting scenario, what must be present for it to be legally permissible?
In a contracting scenario, what must be present for it to be legally permissible?
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What is a key characteristic of a Collective Bargaining Agreement (CBA)?
What is a key characteristic of a Collective Bargaining Agreement (CBA)?
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Which of the following classifications applies to CBAs based on their scope of application?
Which of the following classifications applies to CBAs based on their scope of application?
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Which principle ensures workers cannot waive their fundamental labor rights?
Which principle ensures workers cannot waive their fundamental labor rights?
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What type of collective bargaining agreement is established outside the workers' statute and has limited legal effects?
What type of collective bargaining agreement is established outside the workers' statute and has limited legal effects?
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Which international body is associated with developing labor standards and practices?
Which international body is associated with developing labor standards and practices?
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What is the principle that applies when multiple labor laws conflict, favoring the rule that benefits the worker the most?
What is the principle that applies when multiple labor laws conflict, favoring the rule that benefits the worker the most?
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Which type of agreement affects only a specific company?
Which type of agreement affects only a specific company?
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What type of law allows for the approval of a Consolidated Text in labor law regulation?
What type of law allows for the approval of a Consolidated Text in labor law regulation?
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Which type of CBA is categorized according to how it has been concluded?
Which type of CBA is categorized according to how it has been concluded?
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What defines a part-time contract in relation to full-time work?
What defines a part-time contract in relation to full-time work?
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What is the maximum percentage of ordinary working hours that additional hours for part-time workers can reach?
What is the maximum percentage of ordinary working hours that additional hours for part-time workers can reach?
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How does the principle of equality affect rights for part-time workers?
How does the principle of equality affect rights for part-time workers?
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Under what condition may part-time permanent discontinuous contracts operate?
Under what condition may part-time permanent discontinuous contracts operate?
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What is required for additional hours to be valid for part-time workers?
What is required for additional hours to be valid for part-time workers?
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What determines the calculation of a part-time worker's salary?
What determines the calculation of a part-time worker's salary?
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When do temporary contracts convert to indefinite contracts?
When do temporary contracts convert to indefinite contracts?
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What must a company provide when converting a temporary contract to an indefinite one?
What must a company provide when converting a temporary contract to an indefinite one?
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What is the main distinction between the principle of equality and the principle of proportionality?
What is the main distinction between the principle of equality and the principle of proportionality?
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What is the primary purpose of the Wage Guarantee Fund (FOGASA)?
What is the primary purpose of the Wage Guarantee Fund (FOGASA)?
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Which of the following is NOT a principle of salary management as described in the text?
Which of the following is NOT a principle of salary management as described in the text?
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What is the main difference between direct and indirect remuneration?
What is the main difference between direct and indirect remuneration?
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What is the main purpose of job evaluation in the context of establishing salary ranges?
What is the main purpose of job evaluation in the context of establishing salary ranges?
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Which type of remuneration system is most closely associated with the principle of individual equity?
Which type of remuneration system is most closely associated with the principle of individual equity?
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What is the primary purpose of functional mobility in the workplace?
What is the primary purpose of functional mobility in the workplace?
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What is the main difference between an employee's salary and their wage?
What is the main difference between an employee's salary and their wage?
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Which of the following options is an example of a "non-financial" remuneration?
Which of the following options is an example of a "non-financial" remuneration?
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Which of the following is a key consideration for establishing the maximum salary level for a particular job role?
Which of the following is a key consideration for establishing the maximum salary level for a particular job role?
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What is the legal implication if a business cannot pay its employees' salaries?
What is the legal implication if a business cannot pay its employees' salaries?
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What is the maximum number of hours a worker under 18 can work per day?
What is the maximum number of hours a worker under 18 can work per day?
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Which of the following is NOT a requirement regarding breaks during the working day for adult workers?
Which of the following is NOT a requirement regarding breaks during the working day for adult workers?
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In a collective agreement, what is the typical maximum duration of an ordinary working day?
In a collective agreement, what is the typical maximum duration of an ordinary working day?
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What is a critical restriction placed on night workers?
What is a critical restriction placed on night workers?
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What is the purpose of regulating the working hours according to the norms?
What is the purpose of regulating the working hours according to the norms?
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Which of the following is a mandatory rule regarding weekly rest for workers?
Which of the following is a mandatory rule regarding weekly rest for workers?
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What is a significant rule regarding effective and non-effective working time?
What is a significant rule regarding effective and non-effective working time?
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What does the term 'salary as a privileged credit' imply regarding worker salaries?
What does the term 'salary as a privileged credit' imply regarding worker salaries?
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Which types of remuneration include both fixed and variable components?
Which types of remuneration include both fixed and variable components?
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Which principle is concerned with fairness in wages relative to the market?
Which principle is concerned with fairness in wages relative to the market?
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Which of the following is an unseazable amount under salary guarantees?
Which of the following is an unseazable amount under salary guarantees?
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What is the main focus of salary management systems?
What is the main focus of salary management systems?
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In the context of remuneration systems, what does 'job-based' refer to?
In the context of remuneration systems, what does 'job-based' refer to?
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Which aspect of functional mobility refers to employee adaptability?
Which aspect of functional mobility refers to employee adaptability?
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Which of the following best describes indirect remuneration?
Which of the following best describes indirect remuneration?
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What compensation is received if a worker resigns due to substantial modifications in work conditions?
What compensation is received if a worker resigns due to substantial modifications in work conditions?
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What is the maximum period a victim of gender violence can request a leave of absence with job reservation?
What is the maximum period a victim of gender violence can request a leave of absence with job reservation?
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What happens if an employer dismisses a victim of gender violence while they are entitled to specific labor rights?
What happens if an employer dismisses a victim of gender violence while they are entitled to specific labor rights?
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Under what circumstance may a worker resign and still qualify for unemployment benefits?
Under what circumstance may a worker resign and still qualify for unemployment benefits?
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What type of dismissal does not require additional justification under the reasons mentioned in the content?
What type of dismissal does not require additional justification under the reasons mentioned in the content?
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What is the primary difference between "resignation" and "abandonment" of employment in the Spanish context?
What is the primary difference between "resignation" and "abandonment" of employment in the Spanish context?
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Under Spanish labor law, what is the primary legal effect of a worker continuing to work beyond the expiration date of a fixed-term contract without any formal extension?
Under Spanish labor law, what is the primary legal effect of a worker continuing to work beyond the expiration date of a fixed-term contract without any formal extension?
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Which of the following scenarios is NOT considered a valid reason for terminating an employment relationship under Spanish law?
Which of the following scenarios is NOT considered a valid reason for terminating an employment relationship under Spanish law?
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What legal limitation applies to both "mutual agreement" and "causes validity consigned in the employment contract" as reasons for terminating a contract under Spanish labor law?
What legal limitation applies to both "mutual agreement" and "causes validity consigned in the employment contract" as reasons for terminating a contract under Spanish labor law?
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In what way can the contract be terminated if a worker continues their employment after the contract expiration date without formal agreement or extension?
In what way can the contract be terminated if a worker continues their employment after the contract expiration date without formal agreement or extension?
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Which of the following conditions is REQUIRED for a contract to be terminated due to "causes validity consigned in the employment contract"?
Which of the following conditions is REQUIRED for a contract to be terminated due to "causes validity consigned in the employment contract"?
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In a situation where a worker is terminated due to a "force majeure" event, what is the employer's legal obligation?
In a situation where a worker is terminated due to a "force majeure" event, what is the employer's legal obligation?
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According to this text, what is the primary legal requirement for a worker to legally resign from their position under Spanish labor law?
According to this text, what is the primary legal requirement for a worker to legally resign from their position under Spanish labor law?
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Under Spanish law, which category of employment contract termination requires the employer to provide a severance payment to the worker?
Under Spanish law, which category of employment contract termination requires the employer to provide a severance payment to the worker?
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Which of the following scenarios is NOT considered a "force majeure" event that can potentially lead to termination of a worker's employment contract?
Which of the following scenarios is NOT considered a "force majeure" event that can potentially lead to termination of a worker's employment contract?
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What is the maximum duration for a leave of absence due to being a victim of gender violence?
What is the maximum duration for a leave of absence due to being a victim of gender violence?
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Which circumstance requires an employee to apply for readmission with a month of advance notice upon returning from a leave of absence?
Which circumstance requires an employee to apply for readmission with a month of advance notice upon returning from a leave of absence?
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Under what condition may an employee request a leave of absence for fulfilling an inexcusable duty of public or personal nature?
Under what condition may an employee request a leave of absence for fulfilling an inexcusable duty of public or personal nature?
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What is the minimum seniority required for an employee to request voluntary leave of absence?
What is the minimum seniority required for an employee to request voluntary leave of absence?
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What is the maximum duration for voluntary leave of absence, including possible extensions?
What is the maximum duration for voluntary leave of absence, including possible extensions?
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What situation allows an employee to request a leave of absence for exercising trade union functions?
What situation allows an employee to request a leave of absence for exercising trade union functions?
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What is the status of an employee on forced leave of absence due to public office appointment in relation to social security?
What is the status of an employee on forced leave of absence due to public office appointment in relation to social security?
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What must an employee provide when requesting a leave of absence?
What must an employee provide when requesting a leave of absence?
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Which situation does NOT allow for a forced leave of absence?
Which situation does NOT allow for a forced leave of absence?
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What happens if an employee tries to exercise their right to voluntary leave of absence before 4 years after their last leave ends?
What happens if an employee tries to exercise their right to voluntary leave of absence before 4 years after their last leave ends?
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Study Notes
Introduction to Labour Law
- Law is a set of rules for coexistence
- Public law governs state-individual relations (administrative, procedural, criminal, taxation)
- Private law governs individual-individual relations (civil, commercial, international)
- Labour law is a set of social relationships arising from someone performing services for another.
- It applies in cases of free will, payment, dependent relationships, services rendered on behalf of someone else, or personal qualifications.
- Collective bargaining agreements (CBAs) are trade union negotiations with the government for workers' rights.
Scope of Labour Law Throughout History
- Ancient Times: Manual labor, worker = slave, only duties imposed by the master, no rights/salary.
- Roman Empire: Distinction between labor (hard work) and work (creative), contracts between employers and free men (locatio conductio operis and operarum).
- Middle Ages: Workers involved slaves, freemen and serfs. Feudalism - protection and land in exchange for a share of the harvest.
- Pre-Capitalism: Cities built, trades such as merchants, artisans, and carpenters, self-employed, birth of guilds representing the most distant predecessors of labor unions.
- Capitalism: Industrial revolution led to the growth of factories, migration from rural areas to cities, political and economic liberalism, lack of state intervention, exploitation of workers, and social unrest.
Guiding Principles of Labour Law
- The general principle is limiting free will as opposed to civil law.
- Principles currently governing the application:
- More favorable rule (art. 3.3 WS)
- More beneficial conditions (art. 3.1c WS)
- Inalienability of rights (art 3.5 WS)
State Intervention in Labor Relations
- Birth of labor laws, focus on limiting working hours and protecting workers' interests.
- Judicial power has jurisdiction over labor disputes.
- Labor and social jurisdiction handles labor-related procedures against companies or organizations (non-payment, dismissals, fines, breach of contracts, harassment, trade union issues, strikes).
Sources of Labor Law
- Generic rules and specific rules shared with other branches of the legal system.
- General rules and sectoral rules, worker's statute regarding minimum conditions, and applied to certain groups.
- National and International Rules:
- Spanish constitution
- Statutes
- Collective agreements
- Employment contracts
- Custom
- General principles of law
- International: Regulations/directives of EU, Conventions/recommendations of ILO, International treaties, and International Jurisprudence
Spanish Constitution and Democratic Rule of Law
- Fundamental rights and freedoms (Constitution) specific labor rights including strike and association.
- Citizen's rights to work, sufficient remuneration, right to collective conflict measures.
International Treaties and ILO
- International labor organization (ILO) pacts, conventions of the UN, bilateral, and multilateral agreements.
Laws and Other Regulations
- Organic Law: freedom of association (strike)
- Ordinary Law: ex: temporary employment agencies
- Rules with the rank of law (extraordinary or urgent need), legislative decree that approves a consolidated text, e.g., Worker's Statute.
Collective Bargaining Agreements (CBA)
- Agreements where working conditions and productivity are established through collective negotiation between entrepreneurs and workers' representatives.
- CBAs are binding for both parties and govern economic and labor aspects of work, and must be in writing.
Employee Employment Contracts
- The Workers Statute (Art. 1): Voluntary paid services within an organization/management of another person.
- Elements of employment contract: Voluntary, personal service, subordination/dependency, on behalf of others, and remuneration.
- Parties involved in the labor law relationship: worker and employer.
Essential Conditions of the Labor Relationship
- Normal working hours, and working day limits/regulations.
- Protection for workers, health/safety.
General Rules and Sectoral Rules
- Worker's statute, minimum conditions, and applied to certain groups.
- National and international rules.
Sources, National and International
- Spanish constitution, Spanish labor laws, and international labor standards
Employment Contract: Types and Duration
- Training, temporary, and indefinite contracts based on duration and type of working day (full-time, part-time).
Distance Work (Telework)
- Law 10/2021 defines remote work.
- Minimum content of a remote-work agreement: inventory of equipment, expenses, working hours and availability periods, percentage and distribution of hours, dedicated workplace, and means of exercising corporate control.
Temporary Contract
- Due to production circumstances (foreseeable/unforeseeable), substitution for an employee, or job cover during a selection/promotion process.
Training Contracts
- Alternating between 16-30 years old, no additional hours, no overtime, no shifts or night work, no probation period, can't be concluded if the worker has carried out a similar activity within 6 months or had an indefinite contract in the 3 months before being hired.
Internship Agreements
- Does not imply a labor relationship, can be paid or not.
Hand-over Contract
- A contract related to partial retirement, the worker min. 33 years of age and contributed to the company min. 6 years.
Indefinite Contract
- Time limits for services are not established; it can be verbal or written.
Permanent Discontinuous Contracts
- Intermittent work activity.
Permanent Construction Contract
- Activities related to construction, company duties to offer another position if necessary, the worker is eligible for unemployment benefits when no other job is available.
Part-Time Contracts (after 2022 reform)
- Employment contract, understanding of hours/day/week/month, less than comparative full-time.
Principles of Labor Law
- Most favorable rule, most beneficial condition, inalienability of work rights (cannot waive or give up).
- Principle of in dubio pro operario (in doubt, in favor of worker)
Principles of Equality and Proportionality
- Workers have the same rights as a full-time worker, but the amount of working hours should also be proportionally equal.
Working Day, Hours, Holidays, Overtime, and Salary
- Essential condition of the labor relationship. Limits work performance.
- Obligations of the worker include remaining available during working hours.
- Working day maximum duration.
- Protection for workers' health.
Night Time Work
- Prohibition on minors working during night hours.
Vacations
- Duration of agreed vacation time (min. 30 days)
Public Holidays
- Paid, non-recoverable, maximum duration yearly (1-14 days)
Minimum Interprofessional Wage
- Regulation of minimum wage annually, determined by trade unions, businesses associations, and authorities.
Wage Guarantees Fund (FOGASA)
- Autonomous body responsible for guaranteeing workers' receipt of wages.
Payroll Processing
- Management system for establishing/maintaining a fair salary structure, based on rules and procedures. Internal and external pay equity (equal payment, market salaries)
Remuneration Systems
- Techniques to establish salary levels (job-based, expertise-based, performance-based).
Labor Mobility: Functional Mobility
- The employer has the right to change a worker's functions within a certain professional group.
Limits of Functional Mobility
- Heteronomous limits: the existing rules or restrictions.
- Autonomous limits: the agreement between the employer and the employee.
Employer's Power of Management
- Rule-making and control power: the employer gives instructions and supervises workers behavior while respecting their dignity.
- Disciplinary/sanctioning power: used when workers fail to comply with obligations, procedures, or regulations.
- Policing power: used (only when necessary) to investigate workers' belongings or places (locker, personal items), when the situation requires it such as robbery.
Dismissal Types
- Collective dismissal: affects a group of workers.
- Objective dismissal: caused by factors beyond the worker's control.
- Disciplinary dismissal: related to serious misconduct.
Collective Dismissal Procedure
- The company must inform workers representatives of the procedure.
- A consultation period before the dismissal can proceed (with a period that can take up to 30 days).
Objective Dismissal Procedure
- The reasons for dismissal should be justified by the company.
Disciplinary Dismissal Procedure
- If there is a serious breach (misconduct) by the employee.
Causes of Suspension
- Mutual agreement between the employer and employee
- Reasons for health (temporarily).
- Maternity, paternity, taking care of children/family members.
- Public office or trade union duties, voluntary leave.
Paid Leave
- Cases of accidents or illnesses, surgeries/operations, holidays
- Duration of the leave, and payment of salary.
Termination of Employment Relationship
- Mutual agreement
- Expiration of the contract
- Resignation
- Death or incapacity of the worker/employer
Company Succession
- Transfer of undertakings; changes in ownership either under the legal framework or to the heirs of the deceased.
- Elements necessary for company succession: subjective: substitution of one entrepreneur by another, objective: all essential elements of the company are transferred.
Obligation of Information
- Principal company duty of information, and responsibilities for the worker's representatives
- Contractor and subcontractor duty of information, and responsibilities for the worker and SS representatives.
Occupational Health Obligations
- Company's role in risk prevention. Coordinating mesures among workers.
Industrial Collective Agreement
- Guarantee of applicable collective agreement to contractors/subcontractors.
Suspensions of Employment Relationship
- Legal framework for suspending work duties without terminating the employment.
Workers Representatives
- Rights and roles of workers representatives to participate in the company and the negotiation process, for instance to be informed/consulted on matters regarding to the business.
Alternative Dispute Resolution (ADR)
- Methods of resolving disputes outside of court (e.g., mediation, conciliation, arbitration)
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Description
This quiz explores the fundamentals of Labour Law, covering its definition, scope, and historical evolution. Understand how labour law has developed from ancient times through the Roman Empire to modern legal frameworks. Prepare to grasp the significance of collective bargaining agreements and worker rights.
