Employment Contract Modifications and Termination

Philosophy and ethics3.86 KB

Employment Contract Amendments

Amendment: Alteration of the services or conditions agreed in the contract.

Amendments can be:

  • Functional
  • Geographical
  • Substantive

Functional Mobility

Functional: The worker assumes roles different from those originally agreed upon.

Geographical Changes

Geographic: Occurs when changing the workplace requires the employee to change residence.

Temporary Deployment

Temporary change of workplace and residence.

  • Period: Up to 12 months within 3 years.
  • If longer than 3 months, five days' advance notice is required.

Definitive Move

Permanent or long-term change of a workplace and residence.

  • Period: Up to 12 months within 3 years.

Substantial Changes

Substantive: Relates to the basic elements of the employment contract.

Substantial changes include alterations to:

  • Workday hours
  • Shift work
  • Pay
  • Work and performance requirements
  • Extraordinary functional mobility

Contract Suspension

Suspension of the contract: Temporary disruption of the basic obligations of the contract. The contract is not extinguished.

Causes for Suspension:

  • Mutual agreement
  • Temporary disability
  • Imprisonment
  • Disciplinary reasons
  • Legal closure of the company
  • Leave

Contract Extinction (Termination)

Extinction: Means the total severance of employment.

Causes for Extinction:

  • Mutual agreement
  • Resignation and abandonment
  • Death
  • Retirement
  • Dismissal
  • Collective discipline

Resignation vs. Abandonment

Resignation: Notice given by the employee, who may claim termination without cause.

Abandonment: When the employee leaves work without notice, and the employer can claim damages.

Employer Breach

Serious breach of the employer: Can result from substantial changes in working conditions or non-payment or delays in payment.

Types of Dismissal

Disciplinary Dismissal

Disciplinary Dismissal: Originates from a serious and culpable breach by the worker.

Causes include:

  • Lack of attendance and punctuality
  • Disciplinary issues
  • Physical or verbal abuse
  • Drunkenness or drug abuse
  • Harassment

Dismissal for Objective Reasons

Dismissal for objective reasons: Occurs due to causes beyond the control of the worker.

Causes include:

  • Ineptitude
  • Lack of adaptation
  • Absenteeism
  • Job elimination

Collective Redundancies

Collective redundancies: Based on economic, technical, organizational, or production reasons.

Dismissal Appeal Process

Appeal Steps

The appeal of the dismissal: If the dismissal is not accepted, first proceed to the SMAC (Social Mediation, Arbitration, and Conciliation Service), and then proceed to judicial review.

Conciliation

Conciliation: A prerequisite for processing any proceeding before the social court regarding dismissal.

Outcomes can be:

  • To compromise (if an agreement is reached)
  • No compromise agreement (if no agreement is reached)

Jurisdiction Outcomes

Jurisdiction outcomes:

  • Appropriate (when the employer is found to be correct)
  • Irrelevant (when the worker is found to be correct)
  • Null (the employer must reinstate the worker)

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