Podcast
Questions and Answers
Which of the following is true regarding seniority while on voluntary leave?
Which of the following is true regarding seniority while on voluntary leave?
A worker takes childcare leave and returns after 18 months. What is the situation regarding their original job position?
A worker takes childcare leave and returns after 18 months. What is the situation regarding their original job 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?
An employee on childcare leave requests reinstatement but is refused by the employer due to a lack of vacancies. What are the potential consequences?
A worker is on childcare leave, has another child, while still on childcare leave. What is true about additional leave?
A worker is on childcare leave, has another child, while still on childcare leave. What is true about additional leave?
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A worker has 2 children an is on childcare leave. When is the job position reserved for a large family?
A worker has 2 children an is on childcare leave. When is the job position reserved for a large family?
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When a suspension of employment is agreed upon between an employer and employee, which of the following is a required condition?
When a suspension of employment is agreed upon between an employer and employee, which of the following is a required condition?
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What is the standard maximum duration for a suspension due to health reasons, before medical reassessment?
What is the standard maximum duration for a suspension due to health reasons, before medical reassessment?
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In cases of temporary incapacity due to health reasons, what is a key characteristic regarding the worker during the suspension period?
In cases of temporary incapacity due to health reasons, what is a key characteristic regarding the worker during the suspension period?
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Which situation falls under the causes of suspension related to health reasons?
Which situation falls under the causes of suspension related to health reasons?
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When a suspension of employment arises from an agreement between an employer and employee, what is one aspect that is NOT guaranteed?
When a suspension of employment arises from an agreement between an employer and employee, what is one aspect that is NOT guaranteed?
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What is the maximum period of consultaton with the employee's representative when a suspension of employment is considered?
What is the maximum period of consultaton with the employee's representative when a suspension of employment is considered?
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Which of the following is NOT an acceptable cause for suspension of work by mutual agreement?
Which of the following is NOT an acceptable cause for suspension of work by mutual agreement?
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What is the primary criterion for classifying a temporary incapacity as 'partial'?
What is the primary criterion for classifying a temporary incapacity as 'partial'?
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Under what circumstance is a termination due to incapacity considered 'absolute'?
Under what circumstance is a termination due to incapacity considered 'absolute'?
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What is the duration of leave for both parents in the event of a child's birth?
What is the duration of leave for both parents in the event of a child's birth?
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In addition to childbirth, for which other situations is parental leave applicable, according to the text?
In addition to childbirth, for which other situations is parental leave applicable, according to the text?
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Which of the following is true about the subsidy received while on parental leave?
Which of the following is true about the subsidy received while on parental leave?
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What is the minimum duration of post-birth leave that must be taken without interruption?
What is the minimum duration of post-birth leave that must be taken without interruption?
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How is the leave extended when a baby is born prematurely and remains in the hospital for more than 7 days?
How is the leave extended when a baby is born prematurely and remains in the hospital for more than 7 days?
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Under what circumstances does the suspension of work due to risk during breastfeeding end?
Under what circumstances does the suspension of work due to risk during breastfeeding end?
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What was the main outcome of the Supreme Court sentence regarding monoparental leave, as mentioned in the text?
What was the main outcome of the Supreme Court sentence regarding monoparental leave, as mentioned in the text?
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What is the minimum seniority required for an employee to request a voluntary leave of absence?
What is the minimum seniority required for an employee to request a voluntary leave of absence?
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What is the maximum duration for a voluntary leave of absence, as initially defined?
What is the maximum duration for a voluntary leave of absence, as initially defined?
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How long must an employee wait before being able to exercise the right to a voluntary leave of absence again after a previous leave?
How long must an employee wait before being able to exercise the right to a voluntary leave of absence again after a previous leave?
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Under what condition might a worker on voluntary leave of absence be considered acting in bad faith?
Under what condition might a worker on voluntary leave of absence be considered acting in bad faith?
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What is the employee's right regarding their position during voluntary leave of absence?
What is the employee's right regarding their position during voluntary leave of absence?
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What happens if a worker initiates voluntary leave without company permission?
What happens if a worker initiates voluntary leave without company permission?
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If the company denies a voluntary leave request, what recourse does the employee have?
If the company denies a voluntary leave request, what recourse does the employee have?
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What is the minimum advance notice required for a voluntary leave of absence, according to the text?
What is the minimum advance notice required for a voluntary leave of absence, according to the text?
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Once the company has approved a voluntary leave, what is true regarding company revocation?
Once the company has approved a voluntary leave, what is true regarding company revocation?
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What is the consequence for failing to comply with the principle of good faith during a voluntary leave?
What is the consequence for failing to comply with the principle of good faith during a voluntary leave?
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Under what condition would an employee's work contract be terminated due to absence, according to the provided information?
Under what condition would an employee's work contract be terminated due to absence, according to the provided information?
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Which of the following best describes the 'asimilacion a la alta' situation for a worker on forced leave due to a public office appointment?
Which of the following best describes the 'asimilacion a la alta' situation for a worker on forced leave due to a public office appointment?
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What is a primary difference between forced leave for a public office election and leave for exercising trade union functions?
What is a primary difference between forced leave for a public office election and leave for exercising trade union functions?
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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?
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?
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Which of the following situations qualifies as an 'inexcusable duty of a public or personal nature' that could lead to a leave of absence?
Which of the following situations qualifies as an 'inexcusable duty of a public or personal nature' that could lead to a leave of absence?
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If an employee is on forced leave of absence due to a public office election, what happens to their seniority?
If an employee is on forced leave of absence due to a public office election, what happens to their seniority?
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What crucial guideline applies regarding the length or duration of forced leave for a public office appointment?
What crucial guideline applies regarding the length or duration of forced leave for a public office appointment?
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Under what condition is a job guaranteed to be reserved for an employee on forced leave due to a public office appointment?
Under what condition is a job guaranteed to be reserved for an employee on forced leave due to a public office appointment?
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An employee needs to fulfill an inexcusable public service duty . According to the information, under what circumstances can it justify a leave of absence?
An employee needs to fulfill an inexcusable public service duty . According to the information, under what circumstances can it justify a leave of absence?
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What happens to an employee's salary during forced leave due to an election or appointment to public office?
What happens to an employee's salary during forced leave due to an election or appointment to public office?
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Flashcards
Suspension by Mutual Agreement
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
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
Health Reasons for Suspension
Covers temporary incapacity due to work or non-work-related accidents, severe menstruation, pregnancy, miscarriage, and abortion.
Medical Tribunal
Medical Tribunal
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Subsidy during Suspension
Subsidy during Suspension
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Suspension and Seniority
Suspension and Seniority
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Suspension Duration Limit
Suspension Duration Limit
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Permanent Incapacity
Permanent Incapacity
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Partial Temporary Incapacity
Partial Temporary Incapacity
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Total Temporary Incapacity
Total Temporary Incapacity
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Absolute Termination
Absolute Termination
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Severe Termination
Severe Termination
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Birth of a Child Leave
Birth of a Child Leave
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Child Leave Applicability
Child Leave Applicability
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Child Leave Extension
Child Leave Extension
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Voluntary Leave and Seniority
Voluntary Leave and Seniority
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Leave Start Time
Leave Start Time
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Childcare Leave: Who and How
Childcare Leave: Who and How
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Childcare Leave: Duration
Childcare Leave: Duration
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Childcare Leave: Training
Childcare Leave: Training
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Childcare Leave: Job Reinstatement
Childcare Leave: Job Reinstatement
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Voluntary Leave of Absence
Voluntary Leave of Absence
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Seniority Requirement
Seniority Requirement
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Duration of Leave
Duration of Leave
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Frequency of Leave
Frequency of Leave
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Fair Competition Rule
Fair Competition Rule
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Reinstatement Rights
Reinstatement Rights
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Notification Requirement
Notification Requirement
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Company Acceptance
Company Acceptance
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Irrevocable Agreement
Irrevocable Agreement
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Good Faith Principle
Good Faith Principle
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Suspension of work due to Deprivation of Freedom
Suspension of work due to Deprivation of Freedom
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Suspension of Work due to Factual Causes
Suspension of Work due to Factual Causes
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Forced Leave of Absence Due to Public Office
Forced Leave of Absence Due to Public Office
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Leave of Absence for Inexcusable Duty
Leave of Absence for Inexcusable Duty
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Leave of absence due to gender violence
Leave of absence due to gender violence
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Leave of Absence: Situation Asiilacion a la Alta
Leave of Absence: Situation Asiilacion a la Alta
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Leave of Absence: High Public Office
Leave of Absence: High Public Office
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Leave of Absence: Trade Union Functions
Leave of Absence: Trade Union Functions
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Company Obligation for Leave of Absence
Company Obligation for Leave of Absence
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Requesting Readmission After Leave
Requesting Readmission After Leave
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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.