Understanding Contract Amendments, Suspensions, and Termination
Contract Amendments, Suspensions, and Termination
An amendment of contract is the alteration or modification of benefits or conditions agreed upon in the contract.
Types of Contract Amendments:
- Functional Mobility: When a worker goes to functions other than those initially agreed upon.
- Geographical Mobility: Occurs when a change in the workplace requires a change of residence.
- Temporary Displacement: A temporary change of workplace and residence.
- Final Service: A permanent or long-term change of workplace and residence.
Substantial Modification of Working Conditions:
(Refers to basic elements of the employment contract)
- Workshop
- Hours
- The regime shift work
- The remuneration system
- The system of work and performance
- Mobility extraordinary functional
Suspension of Employment Contract
It is the temporary interruption of the basic obligations of the contract: to provide services by employees and reward work by the employer.
Causes of Suspension:
- Mutual agreement between the parties
- The validly entered into the contract
- Temporary disability of the worker
- Disciplinary reasons
- Legal Company Closure
- Exercise the right to strike
- Leave .... etc.
Suspensions Related to Maternity and Adoption:
- Maternity
- Adoption
- Risk during pregnancy
- Paternity
Leave of Absence
A leave of absence is a contract suspension at the request of the employee and may be:
- Forced
- Volunteer
- For the care of children
- To care for a family member
Termination of the Contract of Labor
(Total breaking of employment)
- By the Worker: Resignation, abandonment, objective causes, serious breach by the employer (major modifications of working conditions, lack of payment or arrears.)
- Extinction of employer
Disciplinary Dismissal:
- Absences and punctuality issues
- Indiscipline or disobedience
- Physical or verbal insults to the employer
- Breach of good faith contractual obligations
- Decrease in performance
- Drunkenness or drug abuse
- Harassment to the employer.
Dismissal for Objective Reasons:
- Ineptitude of the worker
- Lack of adaptation
- Absenteeism
- Elimination of jobs
Collective Redundancies:
For economic, technical, and organizational reasons.
Major Force for Dismissal:
Unforeseeable or unavoidable fact, alien to the will of the employer such as fires, plagues, wars ...
Challenging a Dismissal
If the employee agrees not to contest the dismissal, they can try it first and then go to ISMAC by judicial means.
Act of Reconciliation
This process is a prerequisite for any procedure for dismissal to court social.
Courts
Once in court, there can be only 3 types of finishes: from, unfair or no.
Null Dismissal
Based on discrimination on the grounds prohibited by law or violate the fundamental rights of the worker.