Labour Mobility and Its Limits

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Questions and Answers

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

3 years

1 year

2 years (correct)

5 years

What is the reservation period for job retention for a worker with a special large family (5 or more children)?

18 months (correct)

24 months

15 months

12 months

Which scenario does NOT qualify for a leave of absence for family care?

Caring for a sister due to an accident

Caring for a brother-in-law with a disability

Caring for a parent due to illness

Caring for a daughter over 3 years old (correct)

What needs to happen if a worker does not reinstate their position due to vacancy issues after a leave of absence?

It is considered dismissal and they will receive back pay Signup and view all the answers

What was the ruling of the supreme court in 2021 regarding leave of absence for children over 3 years old?

Leave of absence does not include children over 3 years old Signup and view all the answers

What is a valid reason for objective dismissal under the outlined guidelines?

Technical or organizational reasons that are justified Signup and view all the answers

How are professional rights defined in relation to a worker's academic qualifications?

They must be respected according to the worker's academic qualifications Signup and view all the answers

Which of the following is not included in the economic rights of a worker?

Guaranteed pay raises annually irrespective of performance Signup and view all the answers

What aspect of company decision-making is presumed when a worker is changed to a different position?

The employer's reasoning is assumed to be valid Signup and view all the answers

What kind of adaptation issues can prevent objective dismissal?

Supervising ineptitude making adaptation impossible Signup and view all the answers

What defines the conventional limits in a worker's contract?

They are established by a general agreement and can be negotiated Signup and view all the answers

Under what conditions can a worker’s job position change?

Only for justified technical or organizational reasons Signup and view all the answers

In which scenario is a job reservation not guaranteed after a suspension of employment?

A suspension due to a mutual agreement between the employer and worker. Signup and view all the answers

Under what circumstances can a worker request a suspension of employment without requiring administrative authorization?

When the suspension is agreed upon by both the employer and the worker. Signup and view all the answers

During a suspension of employment, the worker's seniority will be considered in which of the following scenarios?

When the suspension is due to a work-related accident. Signup and view all the answers

Which of the following statements about suspensions of employment are TRUE? (Select all that apply)

A suspension can also be requested by a worker experiencing heavy menstrual periods, as it is considered a temporary incapacity. Signup and view all the answers

Which cause for suspension of employment will always be accompanied by a written agreement between the employer and worker?

Suspension due to mutual agreement between the employer and worker. Signup and view all the answers

Which type of suspension is subject to regulations of both the Social Security system and the general law?

Suspensions due to temporary incapacity. Signup and view all the answers

Which of the following scenarios is NOT an example of a valid cause for suspension of employment based on the provided content?

A worker requesting a suspension for an indefinite period, with the understanding that they will receive a full salary during the suspension. Signup and view all the answers

Which of the following is NOT a potential consequence of a suspension of employment due to a mutual agreement between the employer and worker?

The agreement can include clauses that waive some of the worker's fundamental rights. Signup and view all the answers

What is the maximum duration of consultation between the worker's representative and the employer when requesting a suspension of employment?

15 days Signup and view all the answers

Which of the following types of employment suspension will always have a written agreement between the employer and the worker?

Suspension due to mutual agreement Signup and view all the answers

In the scenario of a company succession, which of the following entities is NOT required to consult with workers' representatives or directly with the workers before implementing any labor measures?

A third-party company contracted to perform services for the transferee Signup and view all the answers

Which of the following situations DOES NOT constitute a valid reason for a company succession to occur?

Seeking to avoid liability for existing labor obligations Signup and view all the answers

In the context of inter vivos succession, what information is the transferor company OBLIGATED to provide to workers' representatives or directly to affected workers?

A timeline for the succession process and its anticipated legal and economic consequences Signup and view all the answers

If a company succession is found to be fraudulent or criminal, which of the following parties is held responsible for labor obligations arising AFTER the transfer?

Both the transferor and transferee companies, jointly and severally Signup and view all the answers

A company succession can be considered valid even if the transferor does not comply with the information obligation to workers. Which of the following statements BEST reflects why this is the case?

The information obligation is not essential to the validity of the transfer, but it can result in fines or penalties Signup and view all the answers

In the context of contracting and subcontracting, what type of business activity is the main company (employer) MOST LIKELY to assign to a contractor?

Activities that are peripheral to the main company's core business, but essential for its operations Signup and view all the answers

How does the 2022 labor reform aim to modernize contracting and subcontracting practices?

Improving the conditions for workers involved in contracting and subcontracting to address concerns about exploitation Signup and view all the answers

What is the primary legal basis for contracting and subcontracting practices in the context of the European Union?

The European Union's Directive on Services in the Internal Market, which governs the provision of services across EU borders Signup and view all the answers

Which of the following statements accurately reflects the significance of the Article 38 of the Constitution of the European Union (CE) regarding contracting and subcontracting?

Article 38 recognizes the freedom of enterprise within the EU and allows for contracting and subcontracting as legitimate commercial practices Signup and view all the answers

What must an employer prove if a worker asks for reinstatement but claims there is no vacancy?

That the job position is no longer available Signup and view all the answers

Which of the following statements is true regarding the effects of childcare leave on seniority?

The worker retains seniority regarding the job position Signup and view all the answers

What is the maximum duration for taking leave of absence for childcare before the child turns 3 years old?

Until the child turns 3 years old in total duration Signup and view all the answers

If an employer delays a worker's reinstatement, what can the worker claim?

Compensation for the amount of salary not obtained due to the delay Signup and view all the answers

In what scenario is an employment refusal treated as a dismissal?

When the employer refuses the reinstatement outright Signup and view all the answers

What does 'back pay' refer to in the context of an employee's reinstatement claim?

Payments for unearned salary leading up to reinstatement Signup and view all the answers

What happens to a worker's right to attend professional training courses while on childcare leave?

They retain this right, and the employer must inform them Signup and view all the answers

What can employers not claim regarding a job position when reinstatement is requested?

The job position has been eliminated Signup and view all the answers

Which statement about voluntary leave is correct?

It does not affect job position seniority Signup and view all the answers

How long before reinstatement must an employee submit their request to the employer?

1 month prior to reinstatement Signup and view all the answers

Under which condition regarding the Social Security obligations, is the principal company NOT liable for its subcontractor's previous debts?

When the Social Security General Treasury does not reply within 30 days after receiving a request for information. Signup and view all the answers

What is the duration of the principal company's joint liability for social security obligations of the subcontractor?

During the term of the contract and the following 3 years. Signup and view all the answers

In which scenario is the principal company NOT jointly liable for its subcontractor's salary obligations?

When the work being performed is the construction or repair of a private individual's home. Signup and view all the answers

What is the primary responsibility of the principal company regarding its subcontractor's work?

To provide information to the workers' representatives about the subcontractor's activities. Signup and view all the answers

Which of the following is TRUE about the principal company's liability regarding the subcontractor's previous social security obligations?

The principal company's liability for previous social security obligations depends on specific circumstances, such as the availability of information and the response from the Social Security General Treasury. Signup and view all the answers

What is the primary purpose of the principal company's obligation to provide information about its subcontractors?

To ensure transparency and accountability in the subcontracting process. Signup and view all the answers

Which of the following statements is TRUE about the principal company's duty to inform workers' representatives about subcontractor activities?

The principal company is obliged to inform the workers' representatives, but the specific timing of the information is not defined. Signup and view all the answers

Which of the following is NOT a factor that determines the principal company's joint liability for its subcontractor's obligations?

Whether the principal company has provided the required information to the workers' representatives about the subcontractor. Signup and view all the answers

A transfer of a worker is considered a displacement rather than a transfer if it does not meet the criteria of duration. What must it fulfil?

It must be permanent or at least 12 months within a 3 year period. Signup and view all the answers

Which of the following groups is NOT explicitly mentioned as having priority to remain in their jobs during a transfer?

Workers with certain professional qualifications. Signup and view all the answers

An individual transfer can still affect a certain number of workers. Under which circumstances will it be considered individual?

If it affects less than 10 workers in a company with less than 100 employees within a 90-day period. Signup and view all the answers

What is the threshold that determines when a transfer is considered collective in a company with 200 employees?

10% or more of the workers affected within a 90-day period. Signup and view all the answers

What is the main purpose of the consultation period before a transfer?

To allow negotiations between the company and workers' representatives regarding the measures, motives and possibility of avoiding the transfers. Signup and view all the answers

If an agreement is not reached between the workers' representatives and the company during a consultation period, what can a worker do?

The worker can challenge the company and take them to court through a collective conflict. Signup and view all the answers

What is the key factor that defines a displacement, in contrast to a regular transfer, given that the law does not specify a distance?

A displacement is marked by a significant change of workplace in a different location from the worker's original domicile involving a change of residence. Signup and view all the answers

Which of the following scenarios could potentially lead to disciplinary dismissal under the outlined guidelines?

Insubordination or disobedience to a supervisor Signup and view all the answers

What requirement must an employer fulfill in the event of economic dismissal according to the guidelines?

Inform the employee of the absence of funds for compensation Signup and view all the answers

In which situation might a worker still have the right to claim compensation despite receiving a dismissal letter?

If the company claims bankruptcy Signup and view all the answers

What is the primary distinction between objective dismissal and disciplinary dismissal according to established criteria?

Objective dismissal is based on worker performance; disciplinary is based on misconduct. Signup and view all the answers

Which of the following is NOT a requirement for valid objective dismissal as outlined in the guidelines?

Proof of employee misconduct Signup and view all the answers

Under what situation can an employer conduct a search of a worker's belongings?

Only when there is suspicion of theft or misconduct. Signup and view all the answers

What is a requirement for a dismissal to be classified as collective?

It must affect a certain number of workers within a legally established time frame. Signup and view all the answers

Which of the following is NOT a valid reason for a collective dismissal?

A recent evaluation showing high employee performance. Signup and view all the answers

What is the maximum consultation period allowed during a collective dismissal procedure?

30 days regardless of the number of workers. Signup and view all the answers

During a search of a worker's vehicle, under which circumstance is the employer allowed to open the trunk?

They cannot open the trunk under any circumstances. Signup and view all the answers

In what scenario can an employer justify an objective dismissal?

The company needs to downsize due to a surplus of employees. Signup and view all the answers

What is the correct compensation amount for a worker during a collective dismissal?

20 days' wages per year worked, with a maximum of 12 months. Signup and view all the answers

What are the differences between ERE and ERTE regarding employment contracts?

Both ERE and ERTE serve similar purposes but differ in duration and compensation. Signup and view all the answers

Which factor is a heteronomous limit imposed on employers regarding equal opportunity plans?

Legislative requirements for companies with more than 151 employees. Signup and view all the answers

What is the maximum period a worker can be on leave for medical incapacity before a medical tribunal assesses their condition?

365 days Signup and view all the answers

Which of the following describes a situation categorized as total temporary incapacity?

The worker is unable to carry out their usual profession. Signup and view all the answers

In what scenario can maternity or paternity leave be extended to a maximum of 13 additional weeks?

If the baby is born prematurely. Signup and view all the answers

Which of the following statements about the recent reforms in maternity and paternity leave is accurate?

Leave duration is now the same for all parents, regardless of gender. Signup and view all the answers

Under what circumstance can the maternity leave duration increase if the baby is disabled?

1 week for each parent. Signup and view all the answers

What is true regarding the leave entitlement for non-biological parents?

Leave can be taken for foster care arrangements. Signup and view all the answers

What is a requirement for the 6 weeks of leave to be taken after the birth of a child?

It must be taken in one uninterrupted session. Signup and view all the answers

What distinguishes absolute termination from severe termination in the context of incapacity?

Severe termination results in dependency on assistance. Signup and view all the answers

What significant change was brought by the 2019 reform regarding parental leave?

It includes both maternity and paternity leave equally. Signup and view all the answers

How long before the expected delivery date can a parent start their leave?

4 weeks 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, which can change during employment.
Accidental changes are those that do not affect the essential elements of the contract; decisions are unilateral, made by the employer.
Horizontal changes are within the same professional group (ordinary) and do not require justification from the employer but respect the worker's dignity
Vertical changes (extraordinary) involve a change to a different professional group; these are subject to limitations agreed upon by parties.

Limits of Functional Mobility

Heteronomous limits:
- Professional group defines the worker's duties and remuneration.
- Professional rights of the worker should be respected.
- The worker's job should be preserved, if inept to do a new function.
- Limits on functional changes based on business/organisational reasons with justification.
- The time limit for change must be temporary (not permanent).
Autonomous limits:
- Limits established by a general or specific agreement.

Types of Functional Mobility

Vertical ascendant: involves promotion within 6 or 8 months.
Vertical descendant: change to an inferior task; no time restrictions, but the salary remains the same.

Geographic Mobility

The workplace is an important condition of employment, which can be a fixed location or itinerant.
Geographic mobility occurs when there is a change in the workplace, which can be temporary or permanent and involve transfer or displacement.
For a worker to change jobs or locations for technical, economic or organizational reasons, it must be justifiable to the worker or worker's representatives.

Company Succession

Transfer of undertakings is a change of ownership of a company (can be partial or total); it affects labour relationships.
- This is irrespective of the existence/new employer.
Inter vivos transfers occur during the lifetime of the owner, while mortis causa transfers occur on death.
Subjective elements: there must be the substitution of the entrepreneur.
Objective elements: all the essential elements of the company must be transferred to continue the business.

Employment Rights and Obligations

The worker is not obliged to accept a change of tasks/responsibilities.
Worker can resign.

Substantial Mobility

Substantial mobility changes the working conditions or employment deal/agreement.
Changes can be made if they are based on exceptional reasons or have been agreed upon.
Modifications to a workforce due to ETOP (economic, technical, organizational, or production) reasons is allowed.

Job Liability

Both the transferor and transferee are liable for labor obligations before and after the transfer.

Obligations of Principal Company (Duty of Information)

Provide workers' representatives with information regarding company identity, purpose, duration, places, and number of workers involved.

Obligations of Contractor/Subcontractor

Workers representatives and the workers should be given information.
Provide workers representatives the information.

Occupational Health Obligations

Companies owning the work centers must evaluate workspaces, risks, and safety measures.
Ensure compliance with occupational risk prevention regulations.

Sector/Industrial Collective agreements

The contractor or subcontractor company will always have to comply.

Suspension of Employment Relationship

A temporary break from work, obligations and payment. This can be continuous or discontinuous.
The regulations must state how to comply, and if a payment is required for not working.

Causes of Suspension

Employer or worker agreement.
Forced leave.
Inability due to work circumstances.
Health, maternity, paternity or child care, or family situations.
Other valid reasons.

Employee Unilateral Decisions

Disciplinary dismissal.
Objective dismissal.
Collective dismissal.

Leave of Absence and Compensation

Leaves are taken by either the employer or the employee's decision. Rules and regulations dictate which leaves qualify for compensation.

Termination of Employment Relationship

Reasons for termination, including mutual agreement, resignation, contract expiry, death, or force majeure & legally valid causes outlined by law.

Mutual Agreement of Parties

Mutual agreement to terminate the contract; any abuse of rights is illegal.
Legally permissible reasons for termination agreements, per contract or legislation.

Workers Unilateral Decisions

Worker resignation or abandonment, with or without cause, and conditions for the outcome of each.

Power of Management

Employer has the power to make rules for managing business and giving directions.
Employers have surveillance rights to be respectful of worker privacy.
Worker's digital rights must be respected.
Limits exist to employer powers.
Ius variandi is the right to change work conditions unilaterally.

Types of Dismissals

Collective dismissals (affecting a group of workers).
Objective dismissals (due to ETOP reasons, i.e. economic, organizational or technical).
Disciplinary dismissals (serious breaches of employment rules and regulations).

Means of Labour Pressure

Strike.
Lock-out (Closure - not strictly a strike but related). Measures of defense against illegal dangers or threat.

Additional Information

Procedures - the steps involved in various processes affecting labour mobility, suspension & termination
Relevant laws: Different articles from the Worker's Statute and other relevant legislations.
Detailed legal limitations: Specific limitations on dismissal, work pressure, leaves, geographical mobility etc.
Information obligations: what must be provided to stakeholders regarding transfers, changes, suspensions etc.
Consequences of non-compliance - fines and other legal actions
Special considerations for specific groups of workers - considerations related to gender, family, etc.
Detailed aspects of each type of mobility, company succession
Rights and obligations for workers and employers regarding each aspect

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Description

Explore the concepts of functional mobility within the workplace, including horizontal and vertical changes in job roles. This quiz delves into the limits imposed by professional groups and the rights of workers during such transitions.