Occupational Health Obligations Quiz
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Questions and Answers

Which of the following is true regarding seniority while on voluntary leave?

  • Time on voluntary leave does not contribute towards pension or social security protection, but does maintain job position seniority. (correct)
  • Time on voluntary leave contributes to pension calculations and overall seniority.
  • Time on voluntary leave maintains pension but does not maintain seniority in your job position.
  • Time on voluntary leave counts toward pension calculations but does not maintain job position seniority.
  • A worker takes childcare leave and returns after 18 months. What is the situation regarding their original job position?

  • The job position is reserved for the entire 18 months.
  • The job position is not reserved, and the employee is not guaranteed a similar job.
  • The job position is reserved for the first 12 months, after which the employee can apply for a similar one. (correct)
  • The job position is reserved only for the first 6 months, after that a similar position
  • An employee on childcare leave requests reinstatement but is refused by the employer due to a lack of vacancies. What are the potential consequences?

  • This is not a refusal, as the company doesn't have a position, so there is no consequence for the employer.
  • This is treated as a dismissal and the employee is entitled to reinstatement and back pay for the time they are not working. (correct)
  • The employee can only claim compensation if they can prove the refusal is discriminatory.
  • The employee has no claim as there are no open positions.
  • A worker is on childcare leave, has another child, while still on childcare leave. What is true about additional leave?

    <p>The worker can take a new leave but it can not be at the same time with the previous one. (D)</p> Signup and view all the answers

    A worker has 2 children an is on childcare leave. When is the job position reserved for a large family?

    <p>The job is not reserved as it is not a large family. It would be reserved for 15 months/ 18 for special large families. (D)</p> Signup and view all the answers

    When a suspension of employment is agreed upon between an employer and employee, which of the following is a required condition?

    <p>The agreement must be formalized in writing and its causes must not force the employee to waive their fundamental rights. (A)</p> Signup and view all the answers

    What is the standard maximum duration for a suspension due to health reasons, before medical reassessment?

    <p>365 days (B)</p> Signup and view all the answers

    In cases of temporary incapacity due to health reasons, what is a key characteristic regarding the worker during the suspension period?

    <p>The worker may receive a subsidy during their period of incapacity. (A)</p> Signup and view all the answers

    Which situation falls under the causes of suspension related to health reasons?

    <p>A worker's temporary incapacity due to a work-related accident, or heavy menstruation. (A)</p> Signup and view all the answers

    When a suspension of employment arises from an agreement between an employer and employee, what is one aspect that is NOT guaranteed?

    <p>The worker's job reservation or reinstatement. (B)</p> Signup and view all the answers

    What is the maximum period of consultaton with the employee's representative when a suspension of employment is considered?

    <p>15 days. (B)</p> Signup and view all the answers

    Which of the following is NOT an acceptable cause for suspension of work by mutual agreement?

    <p>A clause stating the employee waives her rights to health subside in case of suspension. (B)</p> Signup and view all the answers

    What is the primary criterion for classifying a temporary incapacity as 'partial'?

    <p>A performance level equal to or exceeding 33% of normal capacity. (B)</p> Signup and view all the answers

    Under what circumstance is a termination due to incapacity considered 'absolute'?

    <p>When the individual is totally unable to work for any employer. (A)</p> Signup and view all the answers

    What is the duration of leave for both parents in the event of a child's birth?

    <p>16 weeks, which can't be transferred between both parents. (B)</p> Signup and view all the answers

    In addition to childbirth, for which other situations is parental leave applicable, according to the text?

    <p>Adoption, foster care ('acogida'), and surrogacy ('vientre de alquiler'). (B)</p> Signup and view all the answers

    Which of the following is true about the subsidy received while on parental leave?

    <p>It is received from the Social Security (SS). (D)</p> Signup and view all the answers

    What is the minimum duration of post-birth leave that must be taken without interruption?

    <p>6 weeks. (B)</p> Signup and view all the answers

    How is the leave extended when a baby is born prematurely and remains in the hospital for more than 7 days?

    <p>As many days as the baby is hospitalized, with a limit of 13 extra weeks. (B)</p> Signup and view all the answers

    Under what circumstances does the suspension of work due to risk during breastfeeding end?

    <p>When the baby turns 9 months old. (A)</p> Signup and view all the answers

    What was the main outcome of the Supreme Court sentence regarding monoparental leave, as mentioned in the text?

    <p>It established a 26 weeks of leave for monoparental cases for public servants. (C)</p> Signup and view all the answers

    What is the minimum seniority required for an employee to request a voluntary leave of absence?

    <p>1 year (B)</p> Signup and view all the answers

    What is the maximum duration for a voluntary leave of absence, as initially defined?

    <p>5 years (A)</p> Signup and view all the answers

    How long must an employee wait before being able to exercise the right to a voluntary leave of absence again after a previous leave?

    <p>4 years (C)</p> Signup and view all the answers

    Under what condition might a worker on voluntary leave of absence be considered acting in bad faith?

    <p>Working for another company and engaging in unfair competition (D)</p> Signup and view all the answers

    What is the employee's right regarding their position during voluntary leave of absence?

    <p>A preferential right for reinstatement to a vacancy in the same or similar category. (A)</p> Signup and view all the answers

    What happens if a worker initiates voluntary leave without company permission?

    <p>It is considered abandonment of the job. (C)</p> Signup and view all the answers

    If the company denies a voluntary leave request, what recourse does the employee have?

    <p>The worker can demand the company because of damages (B)</p> Signup and view all the answers

    What is the minimum advance notice required for a voluntary leave of absence, according to the text?

    <p>It is dependent on the CBA (B)</p> Signup and view all the answers

    Once the company has approved a voluntary leave, what is true regarding company revocation?

    <p>The company cannot revoke the leave after it has been approved. (C)</p> Signup and view all the answers

    What is the consequence for failing to comply with the principle of good faith during a voluntary leave?

    <p>Disciplinary dismissal. (A)</p> Signup and view all the answers

    Under what condition would an employee's work contract be terminated due to absence, according to the provided information?

    <p>When the employee is convicted and imprisoned. (B)</p> Signup and view all the answers

    Which of the following best describes the 'asimilacion a la alta' situation for a worker on forced leave due to a public office appointment?

    <p>The worker maintains certain protections, such as paternity leave, despite not being actively registered. (D)</p> Signup and view all the answers

    What is a primary difference between forced leave for a public office election and leave for exercising trade union functions?

    <p>The level of the representative position matters for trade union leave but is less relevant for public office leave. (D)</p> Signup and view all the answers

    An employee is appointed to a public office that does not directly prevent them from working but makes it very difficult. What factor is critical to determine eligibility for leave of absence?

    <p>The level of the public office is representative of a constitutional authority. (D)</p> Signup and view all the answers

    Which of the following situations qualifies as an 'inexcusable duty of a public or personal nature' that could lead to a leave of absence?

    <p>Serving as a juror in a criminal court case. (A)</p> Signup and view all the answers

    If an employee is on forced leave of absence due to a public office election, what happens to their seniority?

    <p>It continues to accrue as if they were still working. (C)</p> Signup and view all the answers

    What crucial guideline applies regarding the length or duration of forced leave for a public office appointment?

    <p>There is no specified maximum duration, but readmission must be requested with a month's notice. (D)</p> Signup and view all the answers

    Under what condition is a job guaranteed to be reserved for an employee on forced leave due to a public office appointment?

    <p>The job is always reserved as a matter of right. (D)</p> Signup and view all the answers

    An employee needs to fulfill an inexcusable public service duty . According to the information, under what circumstances can it justify a leave of absence?

    <p>When they can't carry out more than 20% of the work hours for at least 3 months. (D)</p> Signup and view all the answers

    What happens to an employee's salary during forced leave due to an election or appointment to public office?

    <p>The salary is suspended and not paid while on leave. (A)</p> Signup and view all the answers

    Flashcards

    Suspension by Mutual Agreement

    A temporary pause in employment, agreed upon by both the employer and employee, with the duration and effects determined by them.

    Suspension for Health, Family, or Parental Reasons

    A suspension granted due to reasons like illness, maternity, paternity, or child care responsibilities.

    Health Reasons for Suspension

    Covers temporary incapacity due to work or non-work-related accidents, severe menstruation, pregnancy, miscarriage, and abortion.

    Medical Tribunal

    The process of medical assessment and potential extension of a suspension period due to a temporary incapacity.

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    Subsidy during Suspension

    Financial assistance provided during a period of temporary incapacity.

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    Suspension and Seniority

    Even if not working, the time spent on suspension can still count towards seniority or length of service in the company.

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    Suspension Duration Limit

    A maximum duration restriction of 365 days for suspensions related to health, maternity, paternity, or child care.

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    Permanent Incapacity

    When an employee cannot perform their regular duties for a significant period.

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    Partial Temporary Incapacity

    A state where an employee can perform their regular duties for at least 33% of the usual performance.

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    Total Temporary Incapacity

    A state where an employee cannot carry out their usual profession.

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    Absolute Termination

    When an employee is unable to work for any employer due to a health condition.

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    Severe Termination

    When an employee is unable to work AND needs help with daily activities.

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    Birth of a Child Leave

    Up to 16 weeks of paid leave for both biological mother and father.

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    Child Leave Applicability

    This parental leave can be used for adoption, foster care, and surrogacy.

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    Child Leave Extension

    Leave can be extended in special cases, like premature birth.

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    Voluntary Leave and Seniority

    Time spent on voluntary leave does not count towards seniority, pension contributions, or social security protection. However, it maintains your position within the company.

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    Leave Start Time

    Leave can be used up to four weeks before the expected delivery date.

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    Childcare Leave: Who and How

    Both parents can take leave to care for their child, adopted child, or foster child. It can be taken simultaneously or consecutively.

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    Childcare Leave: Duration

    The maximum duration for childcare leave is until the child reaches 3 years old. It can be taken in installments or fractions, without needing to be consecutive.

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    Childcare Leave: Training

    The worker has the right to attend professional training courses during childcare leave. The employer must inform the worker about training programs when they request reinstatement.

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    Childcare Leave: Job Reinstatement

    In the first year of childcare leave, the job position is reserved. After that, the worker can apply for a similar or same category job position. The worker has one month before reinstatement to request it.

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    Voluntary Leave of Absence

    A period of time when an employee is temporarily absent from work with the company's permission.

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    Seniority Requirement

    An employee must have worked for the company for at least a year before being eligible for a voluntary leave of absence.

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    Duration of Leave

    The minimum duration for a voluntary leave is 4 months, while the maximum is 5 years. However, the Collective Bargaining Agreement (CBA) can extend this period.

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    Frequency of Leave

    An employee can only take a voluntary leave once every 4 years after the end of their previous leave.

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    Fair Competition Rule

    Employees cannot work for another company that would create unfair competition with their current employer during their leave.

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    Reinstatement Rights

    There's no guarantee of returning to the same position, but the company is required to offer a similar position when it becomes available.

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    Notification Requirement

    The company might require a written notification for requesting a voluntary leave. If the CBA doesn't specify, it's best to follow the company's procedures.

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    Company Acceptance

    The employee cannot unilaterally decide to leave. The company must approve the leave request.

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    Irrevocable Agreement

    The company cannot revoke its approval of the leave once granted, and the employee cannot return before the end of the leave period.

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    Good Faith Principle

    If the employee violates good faith during leave (like working for a competing company), they can be dismissed from the company.

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    Suspension of work due to Deprivation of Freedom

    This occurs when an employee is unable to work due to being deprived of liberty, usually due to imprisonment or detention. The employee is not considered to be absent from work and is not subject to disciplinary measures as the situation is beyond their control. They are protected by the principle of presumption of innocence until a guilty verdict is reached.

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    Suspension of Work due to Factual Causes

    This occurs when an employee is temporarily unable to work due to circumstances that make it difficult or impossible to perform their job. Examples include force majeure events, ETOP reasons, or being a victim of gender violence.

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    Forced Leave of Absence Due to Public Office

    This type of leave of absence refers to a period where an employee is granted time off from work due to being elected or appointed to a public office. The employee's salary is suspended during this time, and it does not count towards their severance payment.

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    Leave of Absence for Inexcusable Duty

    A type of leave of absence where an employee is granted time off to fulfill a necessary duty of a public or personal nature. This can be for reasons like serving as a juror or caring for a family member.

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    Leave of absence due to gender violence

    This refers to the period of time an employee is allowed to be absent from work due to being a victim of gender violence. They are entitled to up to 9 months, with the possibility of extending the leave for an additional 3 months if necessary.

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    Leave of Absence: Situation Asiilacion a la Alta

    During this type of leave, the employee is not registered with Social Security and is considered to be in a 'situation asiilacion a la alta'. This means they still maintain certain protections, such as the right to paternity leave, and their seniority is counted. They also have the right to return to their previous job after the leave.

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    Leave of Absence: High Public Office

    This type of leave is granted to employees who are elected or appointed to a public office that makes attendance at work impossible. It is granted only to employees holding high positions in the public office, such as those representing a constitutional position.

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    Leave of Absence: Trade Union Functions

    This leave of absence is offered to employees who are exercising trade union functions at the provincial or higher levels and hold a representative position. The position must be at a high level, such as UGT or C.C.O.O.

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    Company Obligation for Leave of Absence

    The company is required to grant leave of absence to employees in specific circumstances, such as being elected to a public office, fulfilling an inexcusable duty, or being a victim of gender violence.

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    Requesting Readmission After Leave

    When an employee wishes to return to work after a leave of absence, they must request readmission from their employer. This request should be made a month in advance of the desired return date.

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    Study Notes

    Occupational Health Obligations

    • When workers from a principal company, contractor company, or subcontractor company work in the same area, all companies must cooperate to apply occupational risk prevention rules.
    • They must coordinate prevention and protection measures.
    • The company owning the work center must:
      • Evaluate workplaces.
      • Inform other companies about workplace risks.
      • Detail prevention, protection, and emergency measures.
      • Ensure and track compliance with occupational risk prevention regulations.

    Sector/Industrial Collective Agreement

    • A sector/industrial collective agreement always applies to contractors or subcontractors.
    • The applicable agreement is either the one corresponding to the contractor/subcontractor company or the one corresponding to the activity within the principal company.
    • Contractors are subject to the industry collective agreement or a sector-specific one.
    • If a subcontracting company has its own agreement, the sectorial collective agreement takes precedence.

    Suspension of Employment Relationship

    • Article 45-48 of the Workers Statute defines temporary suspension of employment contracts.
    • This involves temporarily releasing individuals from work and payment obligations, with the legal relationship continuing.

    Causes of Suspension

    • Mutual Agreement: Employers and employees can agree on the duration and effects of a suspension.
    • Health Reasons: Temporary incapacity due to illness or injury, including pregnancy, childbirth, abortion, miscarriage, or incapacity due to accidents (work or non-work).
    • Family Care: Maternity, paternity, or child care reasons for family members.

    Leave of Absence

    • Forced leave: Due to public office appointment. Individuals who are representatives do not receive salary and their appointments do not count towards payment calculations.
    • Voluntary leave: Individuals can take leave after one year of service, for a duration between four months and five years.
    • Childcare leave: To care for a child up to the age of three. Employees have the right to reserve their positions for the duration of this leave.

    Effects of Suspension

    • Reinstatement: Workers have the right for their jobs to be reinstated in similar or the same position within a company.
    • Compensation: If delays in reinstatement occur, workers can claim compensation for the loss of salary, and employers must prove a lack of available positions.
    • No Contribution: Time spent on voluntary leave does not count towards seniority, pension payments, and social security.

    Termination of Employment Relationship

    • Reasons for termination: mutual agreement, contract expiration, resignation, death, severe disability or retirement, force majeure, and other issues.

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    Description

    Test your knowledge on the obligations of companies regarding occupational health and safety. This quiz covers the necessary cooperation among principal, contractor, and subcontractor companies, as well as the requirements for sector/industrial collective agreements. Assess your understanding of workplace risk prevention and compliance measures.

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