Labour Mobility and Health Regulations

A formal agreement between an employer and employee outlining the terms of their working relationship.

A temporary suspension of employment due to health reasons, including accidents, illnesses, or pregnancy.

A legal process that evaluates a worker's ability to return to work after a period of temporary incapacity. It determines if the worker can return to their job, needs further medical treatment, or is permanently disabled.

A type of suspension of employment due to a health issue that prevents the worker from performing at least 33% of their usual duties.

A type of suspension of employment due to a health issue that prevents the worker from carrying out any tasks related to their profession.

A type of leave for parents (both mother and father) after the birth of a child, including adoption, foster care, or surrogacy

A legal right that cannot be transferred to another party.

The employer's right to organize and manage the company.

The employer's right to give general instructions and specific orders to workers.

The employer's right to supervise and ensure workers perform their duties.

The right of the employer to make changes to work conditions, such as schedules or tasks.

The employer's right to sanction workers for non-compliance with rules and obligations.

The employer's right to search employee belongings under certain circumstances.

Limits on the employer's powers established by laws and regulations.

Limits on the employer's powers arising from contracts and collective bargaining agreements.

A legal process used to end the employment relationship.

Allows a worker to be absent from their job to care for a child up to 3 years old. Can be taken all at once or in installments. The worker's job is reserved for the first year.

The company is obligated to inform the worker about available training programs during their parental leave so they can stay up-to-date with skills.

During the first year of parental leave, the worker's job is guaranteed. After that, they may be transferred to a similar position if their original position is unavailable.

The worker must inform their employer of their intention to return to work one month before the end of their parental leave.

If the employer refuses to reinstate the worker, it is considered a dismissal. However, if there is no vacancy or other valid reason, the employer is not liable for dismissal.

The worker can claim compensation for lost wages and damages if the employer refuses to reinstate them without a legitimate reason.

The worker is eligible for back pay from the time they requested reinstatement until either a settlement is reached or a court ruling is made.

The reservation period for larger families with 3 or more children is extended to 15 months, and 18 months for families with 5 or more children.

The worker is not obligated to pay social security contributions during parental leave.

An unjustified failure to attend work or be on time. Exceptions may include victims of gender violence.

A consistent and intentional decline in job performance, indicating the employee is not fulfilling their role.

Actions that create a hostile environment for an employee based on their ethnicity, religion, disability, age, sexual orientation, or gender.

The process of formally notifying an employee about their dismissal, including the reason and dismissal date.

A mandatory administrative process that takes place before a worker's case goes to court. It aims to reach a mutually acceptable agreement between the worker and the employer.

A situation where an employer terminates the contracts of a significant number of employees within a specific period due to economic, technical, organizational, or production reasons.

A collective dismissal is considered to be for economic reasons when the company is experiencing losses or a persistent decline in its financial performance.

A collective dismissal based on technical reasons may happen when the company needs to automate tasks. Automation eliminates the need for human workers in those specific tasks.

A collective dismissal due to organizational changes might occur when a company switches operations to a new system, such as switching from brick-and-mortar stores to online e-commerce.

Production-related reasons for collective dismissals occur when a company experiences a decrease in orders or clients, leading to a reduced need for workers.

Before initiating a collective dismissal procedure, the company management must inform the employees that they are planning to consider such action.

After the company announces its intention to implement a collective dismissal, worker representatives have 7 to 15 days to form a committee to represent the workers' interests during the consultation period.

The consultation period between the company and the worker representatives cannot exceed 30 days, or 15 days for companies with less than 50 employees.

The company must provide written communication to employees outlining the reasons for the collective dismissal, and this information must be submitted to the labor authorities.

Employees who are subject to collective dismissal receive a compensation package equal to 20 days of salary for each year of work, with a maximum of 12 months of compensation.