Understanding Employment Contract Termination and Leave Rights

Leave of Absence

1. Exercise of Public Office or Union Representation: Employees elected or appointed to public office or union positions at the provincial level or higher, which hinders their ability to work, are entitled to a leave of absence. They now have 30 days to return to work.
2. Deprivation of Freedom: Workers deprived of their freedom are not required to work until a conviction is issued. After sentencing, the employer can dismiss them for repeated absences.
3. Disciplinary Suspension: Suspension of work and wages can occur for disciplinary reasons. Employees have 20 days to contest the sanction.
4. Force Majeure: Temporary suspensions due to economic, technical, organizational, or production-related reasons require authorization from the Labor Administration.
5. Right to Strike: Employees who participate in a strike do not receive pay, and that day is not registered with Social Security.
6. Company Closure Notice: In times of crisis, strikes, and conflicts, the law allows for the temporary closure of a company.
7. Gender Violence: A situation where a worker is forced to leave their job due to gender-based violence.

Types of Leave

1. Redundancy
   • Reason: Appointment or election to public office that hinders work, or assisting a union at the provincial level or above.
   • Duration: As long as the representative office is held.
   • Implications: The leave period counts towards seniority, and the job is reserved.
2. Voluntary Leave (Exceeding One Year of Seniority)
   • Subject: Essential and voluntary workers.
   • Duration: Workers with at least one year of seniority are entitled to a leave of absence of no less than four months and no more than five years. This right can be exercised again after four years from the end of the previous leave.
   • Implications: The leave period does not count towards seniority. There is no guarantee of job reservation, only preferential consideration for vacancies in the same or similar positions.
3. Leave to Care for a Family Member
   • Reason: To care for a child (by nature, adoption, or foster care) or a family member up to the second degree of consanguinity or affinity who, due to age, accident, or illness, cannot care for themselves and does not engage in any gainful activity.
   • Duration: For children, up to 3 years from birth, adoption, or foster care placement. For other family members, the duration cannot exceed 2 years unless extended by collective bargaining.
   • Implications: The leave period counts towards seniority. Employees have the right to attend vocational training courses convened by the employer, especially during their first year back. The job is reserved during the first year. After that, the employee is entitled to a job within the same occupational group or equivalent category. This leave can be taken in a fragmented manner.

Termination of Contract

The termination of a contract implies that it ceases to exist, ending the obligations of both parties.

Causes of Termination

1. Fulfillment of Contract Duration: The contract can be terminated upon the agreed-upon deadline, completion of the work or service, or the return of the replaced employee. If the contract has a duration of one year or more, 15 days' notice is required.
2. Termination by the Worker's Will: The employee decides to terminate the employment relationship, either due to the employer's breaches or without any apparent cause.
   • Resignation: The employee does not need to provide a cause but must give 15 days' notice or as agreed upon. The contract is terminated, and the employee is not entitled to compensation.
   • Abandonment: The worker stops going to work. The employer can claim damages.
   • Serious Breaches by the Employer: Substantial modifications that harm the employee's education or dignity, non-payment or delayed payment of agreed-upon wages, or any other serious breach of the employer's obligations.
   • Implications: In case of termination due to serious breaches by the employer, the worker is entitled to an allowance of 45 days per year of service, with a maximum of 42 monthly payments.