Understanding Employment Conditions and Labor Rights

I. Modifications and Mobility in the Workplace

• Substantial Modification of Working Conditions
• Geographic Mobility
• Functional Mobility
• Substantial Modification of Working Conditions
• Geographic Mobility

II. Compensation and Claims

A. Indemnity for Dismissal

In certain dismissal scenarios, you would be entitled to the first indemnity of 20 days per year worked, with a maximum of 9 monthly payments.

B. Claiming Rights and Compensation

Before claiming, if injustice is declared, employees may have the right to maintain their previous conditions. Otherwise, compensation may be awarded:

• 20 days per year of service (maximum 9 monthly payments).
• 45 days per year worked (maximum 42 monthly payments) if the dismissal affects the worker's dignity and professional category (subject to judicial resolution).

C. Collective Transfer and Resignation

• Collective Transfer: You have a right to an indemnity of 20 days per year worked, maximum 12 monthly payments.
• With the first indemnity of 20 days per year worked, maximum 9 monthly payments.
• Calculations: 8640, 6480
• Resignation: What the law stipulates for resignations. Be aware that you may waive your rights.

D. General Calculations

• 20 x 12 x 28 = 6720
• A mutual agreement can be used, provided it respects the law.

III. Types of Employment Suspension

Here are examples of different types of employment suspension:

• Silvia: Will serve as a senator.
  • Type of Suspension: Unilateral (for public office)
• Javier: Will care for his mother, an elderly retired person who cannot care for herself.
  • Type of Suspension: Family health care reasons
• Fernando: Father will be absent for days.
  • Type of Suspension: Paternity leave
• MABL: Sanctioned with the first suspension of employment and salary for smoking at work.
  • Type of Suspension: Disciplinary (joint determination)
• Pedro: Will serve as a deputy.
  • Type of Suspension: Unilateral (for public office)

IV. Employment Termination (Dismissal) Classifications

Understanding the different causes and classifications of employment termination:

• Objective Dismissal:
  • Justified absences
  • Decrease in work rate
  • Amortization of a position
  • Worker's unsuitability
• Disciplinary Dismissal:
  • Delays
  • Verbal offenses to a superior
• Worker's Will (Termination by Employee due to Employer's Fault):
  • Delay in salary payment
• External Cause Termination:
  • Employer's retirement

V. Specific Scenarios and Calculations

A. Fixed-Term Contract Termination

If an employee was hired for 1 year and the contract was wrongly terminated, they should have been given 15 days' notice.

B. Notice Period and Calculations

• No, and they gave him notice.
• Calculation: 950 x 3 x 5 / 12 = 1187.5

C. Further Calculations

• 45 x 7.5 x 1470.83 / 30 = 16546.84
• €1400 extra, €395 for vacations. Total €1795.

D. Employee Rights in Case of Transfer

If it is a transfer, you can go to labor court. You may terminate your employment, charging 20 days per year worked, up to 12 months.

E. Additional Calculations

• 20 x 4 = 80
• 80 x 2120 / 30 = 5653.33
• 900 + (2 x 900 / 12) / 30 = 35
• 40 x 35 = 1400