Work Relationship & Contracts

• Second Unit
• Date: 8-03-25

The Links of the Work Relationship

• Contract: Agreement of wills where two or more people create, modify and have rights and obligations.

Types of Contracts

• Verbal: of confidence.
• Written: meets formalities.
• Solemn: obligatorily written in a public deed.

Elements of a Work Contract

• Economic-legal link.

• Link: Union of two or more people with rights and obligations.

• Economic: Quantifiable.

• Legal: Can be required through a judge.

• Relationship of work.

• Elemental: The lack of one element means there is no labor relation.

• Providing services personally.

• Continuous dependence.

• Immediate or delegated direction.

• Remuneration of any kind of form.

Direction

• Direct: when the employer is a person.
• Delegated: when the employer is a legal person (júríclica).
• Article 19 of the Labor Code.
• Work contract: Agreement of wills by which a worker commits to provide services.
• A written contract is the general rule (Art. 30).
• Minimum content of a work contract (Art. 29 of the Labor Code).
• Only 7 formalities (Art. 28).
• Capacity to contract (Art. 31 of the Labor Code): Must be 14 years old.

Types of Contracts

• 3 types - Art 25 of CT
• For indefinite time.
• Fixed term.
• Art. 18 to 37
• Specific work.
• Date: 15-03-25

Obligations of the Employer

• Comply with labor regulations.

Real Conflict

• Worker and Employer is one association or personal

• Obligation of the Worker: To work or provide their services.

• Obligation of the Employer: To pay for the services provided.

• Date: 27-03-25

Labor Law

• Suspension of the employment relationship.
• When one or more employment relationships of both parties, are suspended, some of the parties cease their fundamental obligation.

Types of Suspension

• Individual or collective

• Total

• Partial or Total = only one of the 2 parts

• Total =

• Individual Suspension: Only affects 1 worker

• An example would be;

• Individual partial: vacations, the 7 months, permission of audience.

• Individual Total: total rest period, such as a suspension with IESS, maternity, 84 days plus.

• Collective Total: affects the company or imaging

• Collective Partial: legally declared strike, holidays

• Prohibited: The labor relationship cannot be suspended when one is on vacation.

Termination of the Employment Relationship:

• Ceasing it effectively (Art. 76 of the Labor Code).
• Unilateral: Unjustified dismissal.
• Mutual Agreement.
• Cause Attributable to the Other: Justified dismissal
• Provisions of the Law:

Non-Waivable Rights:

• Pending salary payment.

• Overtime if it exists.

• Bonus incentive.

• Vacation pending enjoyment.

• Annual Bonus 42-92 1-7 to 30-6

• Aguinaldo

• 10,000 / 365

• 27.35 * 270 days = 7,395.30

• Bonus 78-89 is Q250

• Agreement 95 OIT

• Article 1 = Everything that the worker receives.

• It is all.

• 365 days

• 30 days.

• Aguinaldo = Was Established as a Measure to Compensate the Worker

• Decree 389, year 1,925

• 1-12 al 31-11 Following year.

• 50% on 15-12 and next payment of 50% on 15-1

• Termination of Employment Contracts: Article 76.

Dismissal:

• A disposition of the employer to terminate an employment relationship can be fair or not.

Classes of Dismissal:

• Direct
• Just

Authority of Dismissal of a Worker

• Justified or Fair Dismissal

Article 77

• Prescription = The extinction of an action
• It is a way of extinguishing rights and obligations by the passage of time
• Art 258 to 268
• Prescription = Punishment
• Term to dismiss workers: 20 business days
• Organic Law Judicial Art 45
• When the judges are open.
• Act of violence = The worker hits his employer or representative
• Date: 5-4-25

Article 78

• Fair dismissal and in writing.
• Grounds for dismissal.
• To summon.
• Notification to a person.
• Right to sue his employer to his patrimony.
• Term = 30 days to sue the employer calendar days to terminate your contract.
• Because of the Cause = The employer has to prove that there is a reason for dismissal- and there must be just cause.
• Indemnification for time served
• In Compensation for Damages: salaries that the worker stopped receiving up to a maximum of 12 salaries.
• The judge will make 72 checks.
• Court Costs: attorney's fees

Article 79 Indirect Dismissal:

• Immorality?
• The notary
• Term prescription
• *Damages
• 12-4-25
• Article 82 CT
• Article