Labor Law Quizzes on Leave and Suspension

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Which of the following reasons qualify for a leave of absence (excedencias)?:

The worker’s imprisonment, as long as there is no conviction.

Suspension of salary and employment for disciplinary reasons.

Worker´s decision who is forced to leave her job as a result of being a victim of gender violence. (correct)

Temporary force majeure.

What is the maximum time allowed for temporary incapacity?

180 days + 180 days.

365 days extendable to 180 days + 180 days. (correct)

365 days.

180 days.

Which of these options is NOT a cause of temporary suspension of work?

Economic, technical, organization or production reasons.

The worker’s decision to leave for family reasons due to parental leave. (correct)

A worker's temporary incapacity.

A worker's imprisonment as long as there is no conviction.

What are the possible causes for suspension of work due to factual causes that make it difficult to perform the work?

Only force majeure. (B) Signup and view all the answers

Which of these situations qualifies as a cause for suspension of work according to the text?

A case where a temporary force majeure occurs. (A) Signup and view all the answers

What is the minimum period the worker is required to take leave of absence after the birth of a child before the rest of the 16 weeks can be distributed?

6 weeks. (D) Signup and view all the answers

Which of the following is allowed to be used as a reason for suspension of work, but not as reason for a leave of absence?

A worker's decision to leave her job as a result of being a victim of gender violence. (D) Signup and view all the answers

Which of the following is a type of permanent incapacity?

Partial. (C) Signup and view all the answers

According to the provided text, which of the following best describes the relationship between an employer and their employees?

Employees must follow the employers' instructions within the scope of their managerial role, while having the right to strike when needed. (B) Signup and view all the answers

Which concept is NOT explicitly identified as an aspect of the employer's authority in the provided information?

Planning Power (D) Signup and view all the answers

What constitutes a 'collective dismissal' according to the text?

A termination decision affecting a specific number of workers within a legally defined period. (A) Signup and view all the answers

Which of the following is NOT a stipulated cause for 'objective dismissal' as mentioned in the text?

Repeated and unjustified failure to attend work or to be on time. (B) Signup and view all the answers

Which of these actions would qualify as 'disciplinary dismissal' based on the text?

An employee who is verbally abusive to a coworker's family. (D) Signup and view all the answers

What is the primary focus of the law regulating a worker's right to strike?

To ensure the maintenance of essential community services whilst still allowing the right to strike. (A) Signup and view all the answers

What is the maximum duration of a training contract as per the guidelines?

2 years (D) Signup and view all the answers

What does the text specify about the nature of 'free enterprise'?

It is recognized within the structure of a market economy and is safeguarded by public authorities. (D) Signup and view all the answers

What is the minimum remuneration for a training contract in the first year?

60% of the fixed CBA amount (A) Signup and view all the answers

Which of the following statements about the training contracts is incorrect?

A probation period is allowed. (B) Signup and view all the answers

Which condition disqualifies a person from being hired in the same company?

If they have previously worked for more than 6 months in the same activity (B) Signup and view all the answers

What is the maximum percentage of working hours allowed during the first year of alternating contracts?

65% (B) Signup and view all the answers

What is the maximum duration for paid leave due to unforeseeable family emergencies?

4 days (B) Signup and view all the answers

Which of the following statements about functional mobility is true?

It allows for changes to functions within the same professional group. (C) Signup and view all the answers

When can vertical functional mobility be exercised?

Only due to technical or organizational reasons. (A) Signup and view all the answers

What type of leave allows workers to take care of their partner, children, or elderly relatives without an annual limit in Spain?

Care leave (A) Signup and view all the answers

What must a company do while an employee is on leave for unforeseeable family emergencies?

Maintain the employee's normal salary. (A) Signup and view all the answers

What is one of the horizontal limits of functional mobility?

Respecting the worker's dignity. (A) Signup and view all the answers

Which of the following best describes a limit to functional mobility?

Professional group and job preservation. (A) Signup and view all the answers

In what situation is it permissible to perform a descending vertical mobility?

Due to technical or organizational causes. (C) Signup and view all the answers

Which of the following groups is not considered for paid leave for family emergencies?

Roommates unrelated by blood (B) Signup and view all the answers

What factor is NOT relevant when determining horizontal functional mobility?

Employer's preference (A) Signup and view all the answers

What must all companies working in the same work center do in relation to occupational health obligations?

Establish coordination measures on prevention and protection. (C) Signup and view all the answers

According to the 2022 Labour Reform, which statement is true regarding sector or industrial collective agreements?

A sector collective agreement will always apply unless voided by internal policies. (D) Signup and view all the answers

What is the primary responsibility of the company owning the work center regarding risk prevention?

Ensure and monitor compliance with occupational risk prevention regulations. (C) Signup and view all the answers

In the event of a change of ownership of a company or work center, which of the following is true?

The heir must demonstrate capability to run the business. (A) Signup and view all the answers

Which of the following is NOT a measure that must be communicated to all companies in a shared work center?

Employee tenure and history. (C) Signup and view all the answers

What type of contractual agreement is prioritized according to the Labour Reform regarding applicable agreements?

The sectorial collective agreement takes precedence over the company's agreement. (A) Signup and view all the answers

Which type of change does NOT fall under the definition of company succession?

Employee restructuring for efficiency. (A) Signup and view all the answers

Which obligation is specifically associated with the subcontractor companies under new regulations?

They must adhere to the industry collective bargaining agreement applicable to their contracted work. (C) Signup and view all the answers

Prior to the initiation of services, which group must receive information about occupational health risks?

Workers' representatives prior to contract execution. (A) Signup and view all the answers

Which of the following components is NOT included as a responsibility of the company owning the work center?

Monitoring employee performance constantly. (C) Signup and view all the answers

Study Notes

Alternative Dispute Resolutions (ADR)

ADR is an extrajudicial method for resolving labour conflicts.
Judicial resolution involves courts.
Extrajudicial resolution occurs outside of courts, including conciliation, mediation, and arbitration.
The right to strike in defense of workers' interests is recognised.
Laws regulating strikes must guarantee essential community services.
Lock-outs are employer-initiated closures of work centers during strikes or collective irregularities with specific triggers, like violence risk, damage, or work stoppages.

Workers' Representatives

The Spanish Constitution guarantees workers' right to organize and participate in trade unions.
Two employee representation types exist in Spain.
Staff delegates represent workers in companies or workcenters with up to 50 workers.
Works councils serve employers with over 50 workers.

Employment Rights

Workers are informed and consulted on matters affecting them, including company status and economic sector developments, accidents, and occupational health issues.
Knowledge of balance sheets, profit/loss accounts, and annual reports, along with worker sanctions, are essential.
Workers have rights to communicate about changes in the workforce, working hours, relocation, mergers and acquisitions (M&A), and training programs.
Workers can monitor social security and employment regulations and participate in collective bargaining agreements (CBAs).
Workers can actively collaborate with management on conciliation measures.
Workers have guarantees, such as protection against discrimination during employment, including job security and promotion decisions based on their status.
Workers have the right to express their views and receive credit for hours worked.

Dismissal

The employer has the power to manage, set rules, control, and enforce disciplinary sanctions.
Collective dismissal involves the termination of a significant number of workers over a defined period, due to economic, technical, organizational, or production issues.
Objective dismissal can be based on worker ineptitude, failure to adapt to jobs or necessary technical modifications, and economic/technical/organizational/production causes.
Disciplinary dismissal includes repeated, unjustified absence, misconduct, abuse of trust, decreased work performance, drunkenness, drug abuse, harassment (based on various grounds including gender, among others), and any behavior harmful to the company.

Conciliation Act

Conciliation is a prior, compulsory administrative procedure before the Mediation and Arbitration Service (SMAC).
It aims to achieve amicable settlements and avoid court action.
Conciliation requests involve a form outlining the worker's claim and specified facts.
The procedure involves summonses from SMAC for both parties to attend the conciliation hearing, with the possibility to agree.
Non-agreement allows proceeding to court.
Company absence from conciliation implies waiver of right to conciliation (worker moves to court.).

Effects of Dismissal

Dismissal outcomes can be fair, unfair, or null and void.

Termination of Employment Relationship

Termination can be by mutual agreement, due to causes in the contract, expiring time limits, or worker/employer unilateral decisions.
Worker's unilateral decisions without cause include resignation and abandonment.
Causes for termination with cause include transfer, substantial modification of work conditions, victim of gender violence, and employer non-fulfillment.
Causes beyond the parties' control include death, permanent incapacity, disability, retirement, and force majeure.
Legal regulations (art. 49) outline termination terms for various causes (death, resignation, expiration of time period etc).

Suspension of the Employment Relationship: Leave of Absence

Suspension is defined as a temporary leave from work while the employment contract's continuity remains.
Reasons for suspension include mutual agreement, worker incapacity, birth/adoption/foster care of children, public office duty, imprisonment without conviction, force majeure, and economic/technical/organizational/production-related difficulties.
Leave of absence duration and effects, or other conditions like whether or not salary is paid and whether there's a right to job reservation, are subject to specifics contained in labor agreements.

3 New Permits for Child and Partner Care (2023)

Parental leave covers up to 8 weeks for child care (age up to 8).
Paid leave of 5 days for second-degree family or de facto partner care due to illness, hospitalization, etc..
Paid leave of up to 4 days for unforeseen family emergencies, allowing for urgent issues, illness, or an accident to family members.
The law promotes work-life balance in accordance with EU Directives.

Labour Mobility

Functional mobility allows employers to reassign tasks within an established professional group, while respecting workers' rights, without causing negative impacts on their economic or employment agreements.
Horizontal mobility refers to movements within the same professional group.
Vertical mobility refers to upward or downward movements involving different professional groups (e.g., promotion or demotion).
Limits to mobility include those established by specific jobs or regulations (e.g., employment restrictions or contractual agreements).
Geographical mobility involves changing work locations (e.g., due to business reasons or transfers within a company).

Contracting and Subcontracting

Contracting involves external service management in decentralized production (outsourcing) between a main company and an auxiliary company.
The main purpose is cost reduction.
Subcontracting means businesses hiring external entities for tasks related to their core activities.
Principal companies must comply with regulatory obligations on liabilities involving both fixed remuneration and social security, along with reporting duties to worker's representatives.
Contractors and subcontractors have an obligation to provide information to workers, social security, and worker representatives before the contracts commence.
Occupational health obligations are present when workers of principal, contractor, and subcontractor companies are in the same workspaces and encompass risk assessments, accident prevention procedures, and measures to protect worker health.

Company Succession

Company succession defines a change in the ownership of a company, its operational locations, or a production unit.
Methods include inter vivos (such as sales, lease agreements, mergers/takeovers) or mortis causa (succession and inheritance to heirs).
Succession affects the company's employment relationship's (including compensation aspects).
Legal continuity through subrogation is guaranteed and the obligations, responsibilities and commitments stay in place.

Work Hours, Holidays, Overtime, and Salary

Working day duration (maximum 8 hours a day/ 40 hours per week, subject to specifics in collective/individual agreements).
Overtime is outside of agreed working hours, with possible regulations dependent on company/sectoral agreements or collective agreements.
Paid public/national holidays, which might include additional company/sectoral holidays.
Workers’ rights and responsibilities regarding working hours (e.g. breaks, rest times) are protected by national and possibly sectoral/company based regulations and agreements.

Leave of Absence

A temporary break from work during which employees remain covered by their employment contract without their work obligations being terminated.

Probation period is a trial period in which an employer can, depending on the collective bargaining agreement or employment contract, terminate a contract without notice/compensation.
Notice period is the time in which an employer and/or employee inform the other party about a possible termination or change to labor conditions.
Classification of employment contracts vary according to the worker’s working days e.g. Full time/Part time/ temporary
Types of employment contracts also include training contracts (with corresponding rules/provisions), temporary contracts (with corresponding rules/provisions), and specific contracts (with corresponding rules/provisions).
Distance work (telework) regulations and their content.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Test your knowledge on the reasons for leave of absence, temporary incapacity, and work suspension as outlined in labor law. This quiz covers various scenarios and regulations that define employee rights and responsibilities. Perfect for students and professionals looking to deepen their understanding of labor regulations.