Labor Law: Employee Rights & Termination Clauses

Posted on Dec 15, 2024 in Law & Jurisprudence

Article 44

If workers are called to enlist and serve in the National Guard, in accordance with Article 31, section III of the Constitution, the service time will be taken into account in determining its age.

Article 45

The worker must return to work:

  1. In the case of fractions I, II, IV and VII of Article 42, the day after the date of termination of the cause of the suspension, and
  2. In the case of fractions III, V and VI of article 42, within fifteen days following the termination of the cause of the suspension

CHAPTER IV
Termination of employment relationships

Article 46 .- The worker or the employer may terminate at any time of employment, for cause, without liability.

Article 47

Causes for termination of the employment relationship, without liability to the pattern:

  1. Deceive the worker or, where appropriate, the union would have proposed or recommended by false certificates or references in those assigned to the worker capacity, skills or abilities that it lacks. This cause of termination shall terminate after thirty days the worker provide services;
  2. Engaging the employee during their work, a lack of probity or honesty, in violence, symptoms, injuries or ill-treatment against the employer, their families or executive or administrative personnel of the enterprise or establishment, subject to exceptions or provocation held by self-defense;
  3. Making the worker against any of his companions, one of the acts listed in the preceding section, whether as a result of them altered the discipline of the place where work is performed;
  4. Committing the worker, off duty, against the employer, their families or administrative managers, some of the acts referred to in Section II, if they are so serious as to render impossible the performance of the employment relationship;
  5. Cause the worker intentionally damage to property during the performance of duties or by reason of them, buildings, works, machinery, tools, raw materials and other items related to work;
  6. Causing damage to the worker who speaks the preceding section provided that they are serious, without malice, but negligence such that it is the sole cause of injury;
  7. Engage the employee, by his imprudence or inexcusable carelessness, the safety of the establishment or persons who are in it;
  8. Committing immoral acts worker in the establishment or workplace;
  9. Reveal the employee’s trade secrets or disclose confidential matters, to the detriment of the company;
  10. Having the employee more than three absences in a period of thirty days without permission of the employer or without cause;
  11. Disobeying the worker to the employer or his representatives, without cause, provided that such contract work;
  12. Refusing the worker to take preventive measures or to follow the procedures to avoid accidents or diseases;
  13. To attend the employee to duty while intoxicated or under the influence of a narcotic or intoxicating drug, except that in the latter case, there is prescription. Before beginning his service, the employee must bring the matter to the attention of the employer and file the prescription signed by a doctor;
  14. The final sentence imposed by a prison term worker, preventing him from fulfilling the employment relationship and
  15. The similar to those in the previous sections, equally serious consequences such as work is concerned.

The employer must give the employee written notice of the date and cause or causes of termination.

The notice shall be released to the worker, and if he refuses to receive the pattern within five days from the date of termination, it must so inform the respective Board, providing it the address that have registered and requesting notification to the employee.

Lack of notice to the employee or the Board, by itself sufficient to conclude that the dismissal was unjustified.

Article 48

The employee may apply to the Conciliation and Arbitration Board, at its option, be reinstated in the work performed, or that he be compensated with the amount of three months salary.

If at trial the employer does not check for the cause of termination, the employee is entitled, in addition, anyone who had been the intended action, to be paid wages due him from the date of dismissal until the award is completed.

Article 49

The employer shall be exempted from the obligation to reinstate the worker, upon the payment of compensation as determined in Article 50 in the following cases:

  1. In the case of workers with less than a year old;
  2. If you check with the Board of Conciliation and Arbitration, which the worker, because of the work you do or the characteristics of their work, is in continuous direct contact with him and the Board’s view, taking into consideration the circumstances of the case that not be the normal development of the employment relationship;
  3. In the case of workers of confidence;
  4. In domestic service, and
  5. In the case of casual employees.

Article 50

The allowances referred to in the preceding Article shall include:

  1. If the employment relationship for a specified period regardless of less than one year, in an amount equal to the salaries of half the length of service, if it exceeds one year, an amount equal to the amount of wages for six months for the first year and twenty days for each subsequent year in which he had lent his services;
  2. If the employment relationship regardless indefinitely, the compensation is twenty days’ wages for each of the years of service and
  3. In addition to indemnities referred to the previous sections, in the amount of three months salary and the wages due from the date of dismissal until claims are paid out.

Article 51

Causes for termination of the employment relationship, without liability to the employee:

  1. Deceive the employer, or if applicable, the employer group to propose work on the conditions. This cause of termination shall terminate after thirty days the worker provide services;
  2. Engaging the pattern, their families or their directors or administratively within the service, lack of integrity or honesty, violence, threats, insults, or similar ill-treatment, against the employee, spouse, parents, children or siblings ;
  3. Engaging the pattern, their families or workers, off duty, in the acts referred to in the preceding subparagraph, if they are so serious as to render impossible the performance of the employment relationship;
  4. Reduce employer the worker’s wage;
  5. Not receive the salary for the date or place agreed upon or used;
  6. Suffer damage caused by the employer maliciously, or useful tools in their work;
  7. The existence of a serious hazard to safety or health of the worker or his family, either for lack of sanitary conditions or because the establishment does not meet the preventive and safety measures prescribed by law;
  8. Engage the pattern, with its inexcusable negligence or carelessness, the safety of the establishment or persons who are in it, and
  9. The similar to those in the previous sections, equally serious and similar consequences, as work is concerned.

Article 52

The employee may leave his job within thirty days from the date on which any of the reasons mentioned in the preceding article shall be entitled to compensation as the employer under the terms of Article 50.

CHAPTER V
Termination of employment relationships

Article 53 .- The following are grounds for termination of employment relationships:

  1. The mutual consent of the parties;
  2. The death of the worker;
  3. The termination or expiration of term labor or capital investment, in accordance with Articles 36, 37 and 38;
  4. The physical or mental incapacity or disability of the employee says, that makes it impossible to supply labor and
  5. The cases referred to in Article 434.

Article 54

In the case of Section IV of the preceding article, if the disability is from a non-business risk, the worker is entitled to be paid one month’s salary and twelve days per year of service, in accordance with the provisions of Article 162, or if possible, if desired, to provide alternative employment is compatible with their abilities, regardless of the services that correspond in accordance with the laws.

Article 55

If at trial the employer does not check for the cause of termination, the employee will have the rights under Article 48.

TITLE THREE
Working Conditions

CHAPTER I
General Provisions

Article 56

Working conditions shall in no case be less than those established under this Act and shall be proportionate to the importance of services and equal for equal work, no differences could be established based on race, nationality, sex, age, religion or political doctrine, except the procedures set forth in this Act expressly

Article 57

The employee may ask the Board of Conciliation and Arbitration changing working conditions, when the wage is not paid or excessive working hours or economic circumstances which justify it.

The employer may request the amendment when economic circumstances which justify it.

CHAPTER II
Working day

Article 58

Working time is the time during which the worker is available to the employer to provide work.

Article 59

The employee and the employer shall determine the duration of the workday, but not exceeding the statutory maximum.

The workers and the employer may allocate the working hours in order to enable the Sabbath early in the evening or any equivalent mode.

Article 60

Day is the day between six and twenty hours.

Night shift is bounded by the twenty-six hours.

Mixed Day is that which includes periods of the day and night, provided the night time is less than three hours, as if composed of three and a half or more, shall be considered night work.

Article 61

The duration of the day is: eight hours day, seven and seven hours the night half the joint.

Article 62

To establish the working day will be observed the provisions of Article 5th., Section III.

Article 63

During the day continues to work the employee shall be granted a break of half an hour at least.

Article 64

When the worker can not leave the place which he provides his services during the hours of rest or meals, time will be computed as corresponding effective time of the workday.

Article 65

In cases of accident or imminent risk endangering the life of workers, their colleagues or the boss, or the very existence of the company, the workday may be extended for the period strictly necessary to avoid these evils .

Article 66

It may also extend the working day due to extraordinary circumstances that shall not exceed three hours daily, or three times a week.

Article 67

The working hours referred to in Article 65 shall be paid an amount equal to that corresponding to each of the hours of the day.

The overtime hours are paid at one hundred percent of the salary corresponding to the hours of the day.

Article 68

Workers are not required to provide services for a longer time than permitted in this chapter.

The extension of overtime exceeding nine hours per week, requires the employer to pay the employee over time with a hundred percent of the salary corresponding to the hours of the day, subject to the penalties provided in this Act .