Employment Contract Suspension and Termination Rules

Suspension and Termination of Employment

1. Explain the suspension and termination of employment.

In certain situations, some or all of the terms of the employment contract shall end, or the contract may be subject to a temporary suspension or interruption.

Length of Service and Contract Suspension

3. What happens to the length of service with respect to the suspension of the employment contract?

The period in which the contract was suspended is not computed. Upon the employee's return to work, where possible, proof of termination of the suspension is required, such as a certificate of discharge.

Sickness Benefits and Contract Interruption

5. If the employee becomes ill and receives sickness benefits, what occurs in the first 15 days?

The contract is interrupted within the first 15 days. This occurs because the contract clause requiring the employee to provide services is paralyzed, even though the employer is required to pay the salaries for that period.

Permitted Absences Without Salary Prejudice

7. What are some exhaustive cases where an employee may fail to attend work without prejudice to their salary? Provide three examples.

• Up to 2 (two) consecutive days in the event of the death of a spouse, parent, child, sibling, or a person declared in their Labor and Social Security booklet as living under their economic dependence.
• Up to 3 (three) consecutive days due to marriage.
• Up to 2 (two) days, consecutive or not, for the purpose of voter registration under the respective law.

Legal Protection Against Abuse

8. What does the law seek to protect regarding the limitation of absences?

The law seeks to guarantee basic rights to workers to prevent abuse by the employer. The CLT pinpoints the specific factual cases that are permitted.

Methods of Contract Termination

9. What is the termination of an employment contract, and in what ways can it occur?

It is the end of the employment relationship. It can occur through:

• The initiative or the fault of both parties (mutual fault or the death of the employee).
• The course of time (fixed-term contracts).
• The disappearance of the subjects (death of an individual employer or the extinction of the company).

Applicability of Prior Notice

11. When is prior notice applicable?

In cases of indirect termination (Art. 487, §4), indeterminate term contracts (Art. 487 of the CLT), dismissal without just cause, and resignation.

Exemptions from Prior Notice

12. When is prior notice not required?

In fixed-term and experience contracts, notice is not due because the parties knew the final term in advance.

Consequences of Failing to Give Notice

13. What happens if prior notice is not given?

If the employee fails to give due notice to the employer, the employer may withhold the corresponding value (Art. 487, §2). Where the employer fails to provide the warning, they shall indemnify the employee.