Employee Leave and Termination Essentials
What is a Leave of Absence?
A leave of absence is a temporary period away from work, distinct from suspension. While suspension guarantees the right to return, leave may not.
Types of Leave
- Personal Leave: Requires one year of employment. Minimum 4 months, maximum 5 years. Reapplication allowed after 4 years from the previous leave. Job reservation is not guaranteed.
- Leave for Care of Relatives: Up to 3 years for child care (adoption or fostering), from birth or legal adoption/fostering date. Up to 2 years for care of relatives up to the 2nd degree of consanguinity. Seniority is maintained, and vocational training is allowed. Job reservation is guaranteed only for the first year.
- Leave for Public Office Appointment: Duration matches the term of office. Seniority is maintained, and job reservation is guaranteed.
Contract Termination
Contract termination ends the legal relationship between employer and employee.
Objective Termination (Redundancy)
Occurs due to objective circumstances affecting both parties, such as:
- Ineptitude: Known since joining the company.
- Lack of Adaptation: To technical changes, with 2 months’ notice.
- Repeated Absenteeism: Even if justified, affecting productivity.
- Job Amortization: Due to technical, economic, organizational, or production reasons.
- Insufficient Budget: For permanent contract positions.
Compensation
Employer must provide 30 days’ notice and 20 days’ wages per year worked (maximum 12 months). Additionally, 6 paid hours per week for job searching during the notice period.
Disciplinary Dismissal
Terminates the labor contract due to employee misconduct.
Unfair Dismissal
Employer can choose between reinstatement or compensation (45 days’ salary per year of seniority, maximum 42 months), plus interim wages.
Redundancy: Causes and Techniques
Termination due to economic, organizational, technical, or production reasons. Can be individual or collective.
Worker Participation
Works Councils and Staff Representatives
Bodies representing workers, varying by company size. For example, a factory with 600 workers has 17 committee members.
Jurisdiction
- Passive Information: Receiving information.
- Active Information: Being heard and reporting on issues.
- Surveillance and Control: Monitoring compliance with labor standards.
- Management and Collaboration: Participating in social initiatives and productivity improvements.
- Negotiation and Conflict: Negotiating agreements and organizing collective actions.