Geographical Mobility, Suspension, and Termination of Employment Contracts
Geographical Mobility, Contract Suspension, and Termination
Geographical Mobility: This refers to a situation where a farm worker is required to provide their services in a location other than the one stipulated in their employment contract, necessitating a change of residence. This must be due to economic, technical, organizational, or production reasons.
| Type | Displacement | Transfer |
|---|---|---|
| Concept | The worker is temporarily changed to another workplace. | The worker must work at another facility, requiring a permanent change of residence. |
| Procedure | The worker must be informed in a timely manner, which cannot be less than 5 working days if the displacement is greater than 3 months. | The worker must be notified of the transfer within 30 days before the effective date. When a group is involved, a consultation period of 15 days prior to notification is required. |
| Effects | The worker may accept the displacement and receive compensation for travel expenses and per diem. They will be entitled to a leave of 4 working days per 3 months of displacement, with the company assuming the costs. They may also choose not to accept and appeal to the labor court. | The worker may accept the transfer, receiving compensation for relocation expenses. They can also appeal the business decision in court or terminate the employment contract with an allowance of 20 days’ salary per year of service, with a maximum of 12 months. |
Suspension of the Employment Contract
This consists of the temporary interruption of work, during which the obligation to work is frozen, and therefore, no wages are received. When the reason for the suspension disappears, the worker is entitled to rejoin their job, and the employer must pay them the corresponding wages. The causes for suspension in the employment relationship are:
- Agreement between employer and employee.
- Reasons stipulated in the employment contract: temporary disability, maternity, adoption or foster care, risk during pregnancy or breastfeeding, and paternity leave.
- Imprisonment of the worker until a conviction is issued.
- Exercise of public office.
- Suspension without pay for disciplinary reasons.
- Temporary closure of the company due to economic, technical, organizational, production reasons, or force majeure that prevent the provision of labor.
- The right to strike by workers and the legal closing of the business.
Extinction of the Employment Contract
This signifies the termination of the employment relationship between the employer and the worker. The Workers’ Statute contains a number of causes that can lead to extinction.
| Basis | Contract Termination Causes |
|---|---|
| By mutual agreement of the employer and employee |
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| By the will of the worker |
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| By the will of the employer |
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| Other causes |
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