Worker Rights and Employer Duties in Employment Contracts

Rights and Duties Arising Out of Employment Contracts

Rights and duties are complemented in Articles 4 and 5 of the Workers' Statute. Although these refer to the worker, it must be understood that they are reciprocal; what is stated in Article 4 as worker's rights shall be the duty of the employer. Similarly, under Article 5, the worker's duties must be understood as rights of the employer.

Key Employment Rights

• Effective Employment: The worker has the right to actually perform their work. If the employer fails to provide this, they must pay the worker and reschedule the hours.
• Right to Development: The possibility of promotion within the company if a vacancy exists and the worker fulfills the necessary requirements.
• Right to Vocational Training: The ability of the worker to receive training free of charge, preferably during working hours.
• Right to Non-Discrimination: Protection against discrimination in access to employment and on the job based on race, sexual orientation, disability, or personal beliefs.
• Right to Physical Integrity and Safety: The right to work without suffering damage, supported by appropriate protective measures.
• Right to Privacy and Dignity: Protection against any intrusion into the private sphere of the worker, unless there is a reasonable belief that a crime is being committed.
• Right to Wages: The right to receive payment for work performed.
• Right to Exercise Contractual Actions: The right to claim any breach of contract.

Duties of the Worker

The worker must fulfill the duties of their job with diligence and good faith, including:

• Working diligently with proper output.
• Complying with safety measures and employer orders, except when:
  • Compliance would lead to committing a crime.
  • The order endangers the worker's health.
  • The order comes from an incompetent person.
• Refraining from unfair competition.
• Contributing to improved productivity.
• Fulfilling all other duties specified in the employment contract.

Employer's Power of Direction

The employer holds the power of direction, which includes:

1. Giving orders or instructions.
2. Controlling or monitoring compliance with those orders.
3. Exercising disciplinary power, including verbal warnings, suspension without pay, and dismissal for breaches.