Understanding Employment Contract Modifications and Termination

Geographical Mobility: Transfers and Displacement

Transfers

A transfer involves moving an employee to another permanent workplace that necessitates a change of residence. Causes must be economic, technical, organizational, or production-related. The employer must communicate this move to the worker and their legal representatives 30 days before the effective date of the transfer.

Displacement

Displacement refers to moving a worker to another temporary workplace. This must be communicated early enough; it cannot be less than 5 days if the displacement is less than 3 months.

Effects and Causes of Suspension

Effects

Suspension results in the temporary disappearance of work obligations and the wage, along with the right to return to the reserved workplace.

Causes for Suspension

• Mutual agreement
• Clauses entered into the contract
• Temporary disability
• Maternity/Paternity
• Risk assessment related to pregnancy
• Adoption or foster care of a child under 6 years
• Exercise of public office
• Imprisonment
• Suspension of job and salary (higher strength)
• The right to strike
• Legal closure
• Gender violence

Contract Extinction

Extinction permanently ceases the obligations of both parties.

Causes of Extinction

• Compliance of its duration: The deadline for compliance, for the execution of the work or service, or the incorporation of a substitute.
• Termination by the worker: Violation by the employer without cause or apparent termination of the contract (volition of the employer).
• Termination by the employer: The employer decides to terminate the employment relationship for objective reasons or disciplinary reasons (dismissal).

Disciplinary Dismissal

This is based on breaches by the employee that disrupt the employment relationship, without generating a right to compensation for the worker. Causes include:

• Repeated and unjustified absences.
• Disobedience of job instructions.
• Verbal or physical offenses against the employer or other workers.
• Continuous decline in work performance.
• Continuous drunkenness or toxicomania.

Requirements: The employee must be notified in writing stating the concrete facts that motivate the dismissal, the date they take effect, and the breaches must be serious and culpable.

Dismissal for Objective Reasons

This is not due to worker non-compliance but to objective circumstances that make maintaining the contract detrimental to the employer. Requirements: Give the employee a letter of dismissal (30 days' notice) and an allowance of 20 days' salary per year of service, up to a maximum of 12 months' salary.

Dismissal in Groups (Collective Dismissal)

These cases are based on economic, technical, organizational, or production reasons that necessitate the elimination of the workplace.

Dismissal due to Force Majeure

This is due to an involuntary, unpredictable, or unavoidable event that affects the company and prevents the continuation of the labor provision (e.g., fires, pests, floods). Indemnification: 20 days of salary per year of service, with a monthly limit of 12 months.

Other Causes of Extinction

These include the death, retirement, or permanent disability of the employee or the employer. If the employer dies, an indemnification of 30 days' wages is due.