Employment Contract Essentials: Mobility, Suspension, Termination

Posted on Nov 17, 2024 in Law & Jurisprudence

Functional Mobility (FOL)

Types and Causes

  • Within Professional Group: No specific reason required.
  • Outside Professional Group/Non-Equivalent Categories: Requires technical or organizational justification. Lower category requires reasonable and unforeseen circumstances.
  • Extraordinary Mobility: Must follow procedures for significant contract changes or mutual agreement.

Geographical Mobility

Airport Transfers

  • Concept: Permanent transfer to another workplace.
  • Cause: Economic, technical, organizational, or production needs.
  • Procedure: 30-day notice to worker and legal representatives.
  • Employee Options: A) Accept with compensation, B) Challenge in court, C) Terminate contract with compensation (20 days/year, max 12 months).

Displacement

  • Concept: Temporary transfer to another workplace.
  • Procedure: Minimum 5 working days’ notice if over 3 months.
  • Employee Options: A) Accept with expenses and time off, B) Challenge as in transfers.

Suspension of Employment

Temporary cessation of work and pay obligations with the right to return to the reserved position.

Causes

  • Mutual agreement
  • Temporary disability, maternity risk, adoption, foster care
  • Responsible fatherhood
  • Public office, deprivation of liberty
  • Unpaid suspension, force majeure, legal strike, employer lockout
  • Gender violence

Leave of Absence

Compulsory

  • Reason: Public office preventing work attendance, union duties at provincial or higher level.
  • Duration: Term of office.
  • Implications: Counts for seniority, job reserved.

Voluntary

  • Reason: Worker’s necessity.
  • Duration: Minimum 1 year in company, leave between 4 months and 5 years. Can be re-exercised after 4 years.
  • Implications: Does not count for seniority, no job reservation, preferential right to similar vacancies.

Termination of Employment Contract

Grounds for Termination

  • Contract Duration Completion: Predetermined term or completion of work/service.
  • Voluntary Termination by Worker: Resignation with notice.
  • Subscriber: Employee failing at job.
  • Employer Breach: Substantial changes against professional training or dignity (45 days/year, max 40 months).

Termination by Employer Will

  • Disciplinary Dismissal: Repeated failures, indiscipline, offenses (written notification, serious and responsible failings).
  • Dismissal from: Real cause exists.
  • Unfair Dismissal: Guilt not proven.
  • Null Dismissal: Discrimination or violation of fundamental rights.
  • Dismissal for Objective Reasons: Inability or mismatch to technical changes (written notification, compensation).

Judicial Qualification of Dismissal for Objective Reasons

  • Same as disciplinary dismissal.
  • If reinstated, compensation must be returned.
  • Null.

Collective Redundancies

Based on economic, technical, organizational, or production reasons.

Layoffs Force Majeure

Due to involuntary events.

Settlement (Finiquito)

Concepts to be Settled

  • Wage and non-wage perceptions until termination date.
  • Proportionate share of extra payments.
  • Vacation days.

Discounts to be Applied

  • Social security contributions on wage concepts.
  • Income tax withholding.