Employment Suspension: Rights, Effects, and Classifications

Posted on Mar 12, 2025 in Law & Jurisprudence

Employment Suspension: Definition and Effects

Definition of suspension of employment: The temporary cessation of the justified obligation to work or pay compensation, if any or both at once, imposed by the employment contract, the contractual relationship subsisting.

Effects on the Worker

  1. As for their rights, they subsist but do not always require the payment of the agreed remuneration, either directly by the employer or who has taken upon himself risk coverage, as well as reinstatement to work when the cause ends that has caused the suspension. Membership in worker’s social security bodies also exists without interruption.

Effects of Suspension in Relation to the Employer

  1. The top right of the employer during the suspension is that of:
  2. Requiring the worker to carry out their duties of loyalty and secrecy. And at the end of the suspension of the work to resume, there are still obligations to pay the remuneration, as appropriate, reserve position or job to the worker and admit to their work at the end of the suspension.

Legal and Conventional Classification

Conventional Classification

Conventional suspension: When the parties mutually agree to suspend the work relationship for a certain period, all its rules shall be delivered. Finalize the sole discretion of their wills for which enjoy broad discretion contract.

Legal Type

  1. That occasioned responsibility for the employer:
    1. Payment of legal holiday periods and permission. Section 66 and 67 CT.
    2. Payment of remuneration is not considered for the calculation of benefits sickness or maternity. Article 10 and 11 CFL No. 44 of 1978.
  2. That occasioned social responsibility:
    1. Maternity leave and illness (illness or accidents at work).
  3. Occasioned no responsibility to maintain income levels:
    1. Compulsory military service.
  4. One article, which speaks explicitly of suspension, Article 377, indicates CT explicit during the strike or lock out or temporary closure means suspended employment contract for workers and employers, who are involved or who affect you.

Termination of Employment

The mutual agreement of the parties must be signed by both parties.

  1. Resignation of employee: You must also have rituals, giving notice to your employer 30 days notice to your employer.
  2. Worker’s death: death is not the employer.
  3. Deadline agreed in the contract term standards: the maximum employment contract is one year and two as an exception to managers and senior charges. Once the term is transformed into fixed term, the second firm contract is indefinite.
  4. Completion of the work or service which gave rise to labor: Relationship with Article 10 of what must contain a contract, for to do and where.
  5. Unforeseeable circumstances or force majeure

Grounds for Termination

  1. Lack of probity of the worker in the performance of their functions (vias in fact, serious injuries, sexual harassment)
  2. Running negotiations the worker, within the business and which have been prohibited in writing in the contract by the employer: it is very critical because so if you can not by writings, I can give competition to the employer?: Sure no, not enough to be written so they can call upon this ground.
  3. Absenteeism: non-attendance of the worker to work without good cause, for two days straight, two Mondays in the month, or a total of 3 days during the same period of time.
  4. Work stoppages by the worker: The legislator said that he understood abandonment of work and describes two behaviors:
    1. Untimely and unwarranted departure from the site of the worker the task and during the hours work without permission of the employer or who represents you.
    2. Refusal to work without good cause, in the tasks agreed in the contract.
  5. Acts, omissions or negligence affecting the safety or operation the establishment, security or activity of the workers or the health of these.
  6. Intentionally causing material damage to facilities, machinery, tools, working tools, products or merchandise: It’s what we know as Sabotage.
  7. Serious breach of their obligations under the contract.