Understanding Contract Suspension and Workplace Mobility

Contract Suspension and Workplace Mobility

2.0 Suspension of the Work Contract: This refers to the temporary suspension of work provision without the labor contract being terminated. Kinds of suspension:

2.1 Mutual Agreement of the Parties

The worker and employer must agree on the suspension.

2.2 Temporary Disability

This includes situations of common or professional disease, or while receiving social security assistance.

2.3 Maternity, Paternity, Adoption

The contract may be suspended in such cases.

Features:

• Maternity: 16 weeks of uninterrupted suspension.
• Paternity: 13 days, extendable by 2 more days per additional child.
• Pregnancy Risk: Suspension ends when the risk is over.
• Breastfeeding: Suspension ends when the infant reaches 9 months.

2.4 Public Office Representation

If elected, the contract is suspended if deemed necessary.

2.5 Detention

If the worker is deprived of liberty, the contract shall be suspended.

2.6 Disciplinary Reasons

The employer can suspend workers without pay as a disciplinary measure.

2.7 Force Majeure

The company may suspend contracts if deemed necessary and proven to the labor authority.

Features:

• The labor authority should be advised.
• A file should be made and approved by the labor authority.

2.8 Leave of Absence

This is a suspension that can be requested by the worker if deemed necessary (types of leave):

Forced Leave:

The employer is forced to grant it if the worker is elected to public office or as a union representative. The worker is entitled to reserve their position, and the employee's time on leave counts towards seniority.

Voluntary Leave:

Requires at least 2 years of service. The worker reserves the right to not return to their post, but if a vacancy exists, the minimum duration is 4 months, and the maximum is 5 years.

1.1 Functional Mobility

Changing roles of the worker. (2 Types)

• Horizontal: Same category.
• Vertical: Posts between different categories, can be ascending or descending.

Features:

• Upward Mobility: Pay is the same as the new category. If they spend 6 months in 1 year or 8 months in 2, the worker can claim the raise.
• Downward Mobility: Pay is that of the original category. The employer must inform the worker's representative of the cause.

1.2 Geographic Mobility

Changing the work center, which entails a change of residence.

• Transportation: Temporary change of location: local exchange time inferior to 12 months.
• Displacement: Permanent character change of location.

Characteristics:

• Transportation: Served 30 days in advance, the employer pays expenses.
• Displacement: If more than 5 days, served 3 months in advance, employer covers costs, leave 4 days per 3 months.

*Both cases have to be considered.

1.3 Substantial Changes in Work

Changes made by the employer company.

Circumstances that require it are working hours, shift work, remuneration system, and performance work systems.

Requirements:

Must allege economic, technical, organizational, or production reasons, should contribute to improving the company, served 30 days in advance, inform the worker's representative. Changes can be individual or collective.

Worker's Alternative:

Accept, use labor court, terminate employment relationship and receive compensation if the court deems it inappropriate.