Labour Mobility and Health Regulations

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Questions and Answers

What is the maximum expiration period for a very serious infraction before a worker can no longer be sanctioned?

10 days

20 days

60 days (correct)

30 days

In which situation is it mandatory for a worker to go through a conciliation act before taking a company to court?

Requesting a salary increase

Disputing unfair treatment

Claim for payment (correct)

Performance appraisal disagreements

What must an employer include in the written communication for a disciplinary dismissal?

The reasons for the dismissal and its effective date (correct)

The previous performance records of the employee

The projected costs of the dismissal

Potential benefits of the decision

What happens to a worker who is dismissed unjustifiably in terms of compensation?

They receive DOLE (Paro) but no compensation Signup and view all the answers

What is the primary aim of the act of conciliation in labor disputes?

To help reach an amicable agreement between the worker and the employer Signup and view all the answers

What is a condition under which a worker cannot agree to waiving any rights in their employment agreement?

Grounds of health, maternity, paternity, or child care. Signup and view all the answers

What is the maximum duration for temporary incapacity benefits before a medical tribunal assessment is required?

365 days Signup and view all the answers

Which of the following situations qualifies for temporary incapacity benefits?

The worker has recurring heavy menstrual periods. Signup and view all the answers

What significant change occurred due to the 2019 reform regarding parental leave?

Paternity and maternity leave became equal at 16 weeks each. Signup and view all the answers

What type of incapacity is defined as not being able to carry out the usual profession due to health issues?

Total incapacity Signup and view all the answers

In which case might a reinstatement or reservation of job be explicitly denied in a contract?

If a female employee gets pregnant, according to the specific contract terms. Signup and view all the answers

Which of the following statements about temporary incapacity is FALSE?

Temporary incapacity can result from minor injuries requiring only rest. Signup and view all the answers

What is a primary duty of the worker as per Article 5.c WS?

To comply with the orders and instructions of the employer Signup and view all the answers

Which of the following best defines the 'control power' of management?

The right to surveil workers to ensure compliance with obligations Signup and view all the answers

Which of the following is NOT a characteristic of the employer's power of management?

The right to change employment conditions arbitrarily Signup and view all the answers

Under what circumstances can an employer exercise police power?

Only when strictly necessary, such as in a theft investigation Signup and view all the answers

What must an employer ensure while exercising control power?

Respect for the worker's dignity and privacy rights Signup and view all the answers

Which statement about digital disconnection is true?

Workers have the right to complete disconnection from work after hours. Signup and view all the answers

What limits the exercise of management powers?

Legal frameworks and employment contracts Signup and view all the answers

Which of the following powers allows an employer to change employment conditions?

Ius variandi Signup and view all the answers

What must an employer do when conducting searches under police power?

Ensure another worker is present during the search Signup and view all the answers

Which of the following is NOT a limit on management powers?

Voluntary limits determined by employee performance Signup and view all the answers

If an employee has a large family (3 or more children) and requests a leave of absence for childcare, how long is their job position guaranteed to be reserved?

18 months Signup and view all the answers

What is the maximum duration of a leave of absence for childcare?

3 years Signup and view all the answers

If an employee requests reinstatement after a year of childcare leave, what is their employer obligated to offer them?

A similar job position in the same category Signup and view all the answers

Can an employee working during a childcare leave of absence receive benefits for professional training?

Yes, they can receive the same benefits as if they were not working. Signup and view all the answers

If an employer refuses to reinstate an employee after a leave of absence for childcare, what legal recourse does the employee have?

The employee can sue for wrongful termination. Signup and view all the answers

What is the maximum duration of a leave of absence to care for a family member?

2 years Signup and view all the answers

Can an employee using a leave of absence for childcare accumulate it with a leave of absence for taking care of a family member?

No, these leave types cannot be accumulated. Signup and view all the answers

While on a childcare leave of absence, can an employee request another leave of absence if they have a second child?

No, another leave of absence cannot be taken. Signup and view all the answers

Is an employee required to pay contributions into social security or any other benefit plans while on a childcare leave of absence?

No, contributions are not required. Signup and view all the answers

A company with 200 workers wants to dismiss 25 workers due to a downturn in economic conditions. Based on the information provided, would this be considered a collective dismissal?

No, because the dismissal affects less than 10% of the workforce, which is the threshold for companies between 100 and 300 workers. Signup and view all the answers

Which of the following scenarios would NOT be considered a valid reason for a collective dismissal based on the content provided?

A company downsizing its workforce to reduce overhead costs, regardless of economic conditions. Signup and view all the answers

Which of the following is NOT a necessary step in the collective dismissal procedure, as described in the content?

Obtaining a legal opinion from a labor lawyer before proceeding with the dismissal. Signup and view all the answers

If a company with 40 workers initiates a collective dismissal procedure, what is the maximum duration of the consultation period?

15 days Signup and view all the answers

Which of the following statements accurately describes the compensation provided to employees during a collective dismissal?

Employees receive a severance pay equal to 20 days of salary for each year worked, with a maximum of 12 months. Signup and view all the answers

Which of the following is the most likely reason why a company might initiate a collective dismissal based on "technical" reasons?

Replacing outdated machinery with more efficient automated equipment. Signup and view all the answers

Assume a company implements a new strategy to reduce its carbon footprint by switching to renewable energy sources, leading to the dismissal of some employees working in the fossil fuel division. This scenario would be considered a collective dismissal based on:

Organizational reasons, as the company is restructuring its operations and adapting to new regulations. Signup and view all the answers

Based on the content, what is the main difference between a collective dismissal and a disciplinary dismissal?

Collective dismissals involve a group of workers being dismissed due to objective reasons, while disciplinary dismissals involve individual workers being dismissed due to misconduct. Signup and view all the answers

A company with less than 50 workers decides to dismiss 10 workers due to a decline in customer demand. Which of the following statements accurately describes the process involved?

The company must notify the labor authorities of the proposed dismissal, and the consultation period cannot exceed 15 days. Signup and view all the answers

What is the main purpose of the consultation period in a collective dismissal procedure?

To provide a platform for the workers' representatives to negotiate with the company management about the terms of the dismissal. Signup and view all the answers

Study Notes

Labour Mobility

Functional mobility is the employer's ability to assign different tasks or functions to an employee, regardless of their initial hiring (Art 39 WS).
Professional groups determine tasks/roles/responsibilities.
Accidental changes in tasks are permissible; they do not impact essential contract elements.
Employer unilaterally decides temporary or permanent task changes.
Individual or collective agreements can alter tasks.
Horizontal changes occur within the same professional group.
Employer does not need cause to change tasks within the group, but must respect worker dignity.
Vertical changes occur across professional groups (e.g., ascending or descending tasks)
These changes are possible for valid reasons, with specific time limits (adjustable via agreement).
Workers' dignity must be maintained in all changes.

Occupational Health Obligations

All companies must cooperate in worker health and safety, especially in shared work centres.
Companies owning the workplace must evaluate the workplaces, inform other companies of risks and accidents at work, have prevention measures in place, and ensure regulations are followed.

Sector/Industrial Collective Agreement

A collective agreement within a sector applies to contractors and subcontractors.
This agreement may be unique to the company or based on contractor's/subcontractor's or principal company's activity or industry sector.
Agreements with priority over company-specific agreements are company-sector agreements.

Suspension of Employment Relationship

Temporary release from work and payment obligations while preserving the legal relationship.
Specifics related to temporary releases are outlined (Art 45-48 WS).

Causes of Suspension

Mutual agreement between an employer and worker.
Health reasons (e.g., temporary incapacity).
Maternity, paternity, or childcare reasons.
Reasons can't include waiving worker fundamentals rights.

Leave of Absence (Excedencia)

Forced leave for public office.
Voluntary leave.
Leave for childcare reasons (up to 3 years).
Workers' rights to professional training.
Reserved job position during absence.

Termination of Employment Relationship

Mutual agreement.
Expired contract.
Worker resignation.
Death/disability.
Force majeure (an unforeseen event).
Employer's breach (e.g., contractual violations).
Objective or collective job dismissal.
Employer/worker death.

Mutual Agreement

Mutual agreement between an employee and employer can end the relationship at any time, with no specific criteria or justifications, except abuse of rights or contract violations.

Workers Unilateral Decision

Resignation
Abandonment of employment
Transfer (substancial modification of essential working conditions).
Wrongful termination if employer does not follow legal procedures (such as notification period).

Objective Dismissal

Collective Dismissal - Affects a specific number of workers in a fixed term, based on considerations like economic, technical, organizational or production reasons.
Specific requirements for initiating a collective dismissal exist (e.g., written communication, consultation period, etc.).

Dismissal

The employer has the power to manage company operations.
Management power includes rules-making, control, and disciplinary action.
Dismissals must respect worker rights and can be categorized as collective, objective, or disciplinary.

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Description

This quiz covers key concepts related to labour mobility and occupational health obligations within the workplace. It explores aspects such as task assignments, changes in roles, and the importance of worker dignity. Test your knowledge on the legal frameworks guiding these essential employment practices.