Employment Contract Modifications: Mobility, Suspension & Termination
Modification of the Employment Contract
Functional Mobility
- Same Category Functional: Without just cause and as a guaranteed minimum wage to come to receive.
- Category Below: Only for emergencies, foresight, and the essential time, and wages will not be reduced.
- Category Above: If this condition is given and is greater than 6 months in a year or 8 months to 2 years, the worker may claim the right to promotion and will have to receive the wage for that category.
Geographical Mobility
Produced by the shuttle or moving to a different location involving a change of residence.
- Permanent Transfers: Permanent, with 30 days’ notice. The standard may terminate the contract with compensation of 20 days per year worked. The worker can challenge the rule if they believe the shuttle is unwarranted.
- Temporary Transfers: Temporary, not exceeding 12 months, and the worker will have the right to cover costs for travel and subsistence.
Substantial Changes in Working Conditions
A change in working circumstances of an individual character, and affecting day work schedules, shift work regime, compensation, work systems, and performance. Changes affecting one person will be notified to the employee and the employee representatives with one month’s notice. In case of disagreement, they may challenge the labor court.
Suspension of Employment Contract
Temporary interruption of the performance of work without termination of the contract between employer and employee. This causes a temporary cessation of the obligations of the parties to compensate and work and may be due to different causes:
- Mutual agreement
- Temporary disability
- Pregnancy risks
- Suspension without pay for disciplinary reasons
- Strike
- Deprivation of liberty
Exceedance (Leave of Absence)
Suspension of the employment contract at the request of the worker without the right to pay.
- Voluntary: Required to have a length of at least one year. HR will not have a reserve for the job but may resume if they have any vacancies, with a duration of between 2 and 5 years.
- Compulsory: HR to retain the position of employment. The period is counted as length of service, and their causes were for election to public office, conduct trade union duties, or above provincial level.
Termination of Employment
Termination on:
- Mutual agreement of the parties or decision of one of them
- Cancellation of the contract by expiry of the time agreed
- Implementation of the work or service, or for any other reason stated on the contract by the worker will be justified by a serious breach of the employer and HR to 45 days’ salary per year of work
- Voluntary redundancy pay-disciplinary, for objective causes.
Extinction for Objective Reasons
- On the unfitness of the worker: The worker’s lack of capacity.
- Lack of adaptation: To the changes made, provided that a reasonable 2 months have passed for adaptation.
- Amortization of workplace: For economic, technical, production reasons.
- Absenteeism: More than 20% of the working day in 2 consecutive months or 25% in 4 non-consecutive months within a period of 12 months.
- Processing: Will be notified in writing with 30 days in advance, where they will have the right to challenge the decision.
Disciplinary Dismissal
Based on serious violations of the worker, the causes are:
- Truancy
- Insubordination
- Verbal abuse or physical
- Decreased performance
- Drunkenness
- Embezzlement
- Harassment
Processing
Written statement. The deadline for making the firing is 60 days following the vessel at the time of the violation. If the employee is representing the workers, prior to dismissal, a file should be instructed which will be contradictory, hearing that in addition to other representatives, if you were a member of a union, the employer must listen as a precursor to the delegates of this.