Employment Contract Suspension and Termination

Posted on Nov 14, 2024 in Law & Jurisprudence

1 – Suspension of the Contract Work

1.1 – Causes of Disability for Worker

Temporary Disability:

When the employee is ill or has suffered an accident, whether work-related or not, commonly referred to as “being on sick leave.”

Maternity and Paternity Leaves:

Upon the birth of a child, the father is entitled to 15 days of leave (13 + 2) and the mother to 16 weeks. This also applies to pregnancy and breastfeeding.

Adoption and Foster Care:

The leave is the same as for maternity/paternity.

Holding Public Office:

When the worker has been chosen to publicly represent the population (political office) or workers (union or representative role in the company).

Deprivation of Liberty Without Conviction:

When an individual is held in prison pending sentencing.

Legal Strike:

When the worker is participating in a legal strike, for the duration of the strike.

Obligation Due to Violence:

When a worker is forced to leave their job due to being a victim of gender violence.

1.2 – Suspension Related to Company Causes

Temporary Force Majeure:

Circumstances beyond control, such as weather conditions, technical, organizational, economic, or production reasons, provided it is approved by labor authorities.

Company Closure Notice:

For the duration of the closure procedure and its resolution.

Suspension and Disciplinary Salary Action:

When there is legal sanction for the company.

Training or Professional Development:

When the company provides training or professional development for the worker, specifically for a period of three months for courses related to technical modifications in the workplace.

1.3 – Causes for Mutual Suspension

This section requires further details.

1.4 – Leave

1.4.1 – Voluntary Leave

  • Applies to employees who have served the organization for a minimum of one year.
  • The leave period will be a minimum of four months and a maximum of five years.
  • The leave period is not counted towards seniority.
  • After the leave, the employee only has a preferential right to admission to a vacancy.

1.4.2 – Redundancy Leave

  • The duration is as long as the redundancy situation lasts.
  • The leave period is counted towards seniority.
  • The job is reserved.
  • Re-application must be made within one month of the end of the redundancy situation.

1.4.3 – Family Care Leave

  • The employee is entitled to job reservation for one year, after which there is only a preferential right to admission.
  • Counts towards seniority.
  • During the leave, the employee is entitled to company-offered training.
  • For Childcare: Maximum duration of three years from the date of birth, fostering, or adoption.
  • To Care for Relatives up to Second Degree of Kinship: Maximum duration of two years.

2 – Termination of Employment Contract

Termination of employment and obligations under the contract by both parties.

2.1 – At the Worker’s Request

Justified:

  • Substantial modification of working conditions affecting the employee.
  • Continued delay or lack of payment.
  • Serious company misconduct.
  • Right to compensation: 45 days’ salary with a maximum of 42 monthly payments.

Unjustified:

  • Worker resignation.
  • Job abandonment (the company can claim damages).

Due to Mobility:

For not accepting the change (expressed in mobility compensation).

2.2 – At the Company’s Request

Referred to in the Workers’ Statute as objective causes or serious misconduct.

2.2.1 – Objective Reasons:

  • Absenteeism (20% of working days in two months or 25% in four, within a year).
  • Worker’s unsuitability (during the trial period).
  • Lack of adaptation to technical modifications:
    • Changes must be reasonable and within the worker’s capacity.
    • The worker must have two months to adapt.
    • Upward mobility does not prove incompetence or maladjustment.
  • Redundancy (for economic, technical, organizational, or production reasons, to overcome difficulties).

2.2.2 – Disciplinary Causes:

  • Serious misconduct.
  • Repeated and unjustified absences and tardiness.
  • Verbal or physical offenses towards the employer, colleagues, or relatives.
  • Voluntary and continued reduction in performance.
  • Habitual drunkenness or drug addiction.

2.2.3 – Collective Redundancies:

When the company’s viability is at risk, affecting a significant number of the workforce. This is called “Employment Regulation Record.”

2.2.4 – Other Types of Termination:

  • Mutual agreement.
  • End of contract.
  • Other causes established by contract law.
  • Retirement or death (legal termination).