What is the maximum period of suspension for a personal licence?

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First of all, the Ministry of Labor clarifies that its concepts are issued in a general and abstract manner, since its officials are not empowered to declare individual rights or define controversies.

If the employer does not comply with the payment of contributions to the Social Security System, it will be subject to administrative sanctions for evasion or avoidance, and will be liable for the contingencies of illness or death that may occur during the suspension of the employment contract.

Thus, the Ministry of Labor concludes that for purposes of the application of force majeure or fortuitous event for the suspension of employment contracts, it is necessary that there is a legitimate legal basis, and that the mere administrative provision of closing the company or preventive suspension of activities does not constitute a force majeure or fortuitous event.

What is the maximum amount that a worker can be suspended?

The law does not prohibit suspending a worker several times, what it prohibits is to apply a suspension of more than 8 days if it is the first time, and two months if there is a recurrence, but several suspensions may be imposed if the worker continues to incur in misconduct.

What happens if I do not accept the suspension?

“If there is no agreement between the employer and the workers, there is no pact for the labor suspension due to the Employment Protection Law” … During the State of Catastrophe, the law allows the employer to invoke a cause for dismissal that allows him not to compensate the worker, clarified Professor Lizama in the transmission.

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What type of contracts can be suspended?

Unjustified absences. Abandonment of work for more than three consecutive days. Unjustified absences for more than five days in a period of 30 calendar days. Even, more than fifteen days in a period of 180 calendar days, presume the suspension of the labor relationship.

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In other words, the constitutional requirements of extraordinary and urgent need that enable the Government to approve this Royal Decree-Law within the margin of appreciation that, as the body of political direction of the State, is recognized by Article 86.1 of the Constitution (SSTC 142/2014, FJ 3 and 33/2017, FJ 3). Furthermore, there has been a clear delay in the fulfillment of the objectives of equality and the fact that this situation persists for a long time is not an obstacle for it to be addressed by means of emergency legislation (STC 11/2002, FJ 7). The structural nature of a situation does not prevent that, at the present time, it can become a case of extraordinary and urgent need in view of the circumstances (SSTC 137/2011, FJ 6; 183/2014, FJ 5; 47/2015, FJ 5; 139/2016, FJ 3; and 33/2017, FJ 3).

Equality of treatment and opportunities between women and men is a basic right of working persons. The right to equal treatment between women and men must entail the absence of any discrimination, direct or indirect, based on sex, and, especially, those derived from maternity, the assumption of family obligations and marital status. The right to equality of opportunity between women and men also implies their equality in the exercise of rights and in the fulfillment of obligations so that the necessary conditions exist for their equality to be effective in employment and occupation.

When a contract is suspended, is social security paid?

During the period of suspensions, the employee’s obligation to render the service is interrupted and the employer’s obligation to pay salaries for those periods is interrupted, but during the suspension the employer is responsible for the payment of social security contributions to pension and health insurance.

How do you proceed to suspend an employee?

– The penalty must be notified to the employee in writing, either by note, telegram or notarial act. – The employee’s non-compliance must be clearly and precisely detailed. – If the sanction consists of a suspension from work, it must not exceed thirty days in one year, calculated from the first one.

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How does the work stoppage work?

What does the labor suspension consist of? The purpose of the labor suspension is to protect workers’ jobs, where companies can take the option of keeping them without paying their salaries, but they can pay their social security contributions.

Examples of suspension of the employment contract

For the calculation of these percentages, the employer will take as a basis the declarations or determinations made for the payment of the Income Tax, regarding profit sharing of the workers. In addition, the employer will consider the time of service, without making any differentiation with the remuneration or the type of occupation or activity of the worker or former worker who worked during the fiscal year in which the profits were generated.

Dear user, it is the employer’s obligation to notify you by any means if you were dismissed and the employer has the obligation to prepare and register the severance payment certificate and the proof of its payment, within thirty days from the termination of the labor relationship, if you are not paid within this time you may file a complaint for non-payment of the severance payment.

Before June 22, 2020, in the event of emergent reduction, the social security contribution will be paid on a full time basis. From June 22, 2020, in the case of an emergency reduction in accordance with the Humanitarian Law, the Social Security contribution will be paid on the hours actually worked.

How long does the contract suspension last?

The validity of the employment protection law (Law 21,227) with respect to cases of suspension of employment contracts and reduction of working hours was extended until June 6, 2021.

What happens to my vacation if I am suspended?

What happens if the employee under suspension has accrued vacation and is dismissed? He/she keeps them and the employer must pay them as holiday compensation (vacation) in accordance with the general rules of the Labor Code.

How many times can an employment contract be suspended?

Article 51 of the Substantive Labor Code establishes that the employment contract may be suspended for seven (7) possible reasons as follows: 1.

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Unpaid leave of absence due to covid

-If the contract is suspended and the worker receives funds from the Severance Insurance for the maximum term, can the worker then have access to the Severance Insurance benefits if the employment relationship is subsequently terminated due to a dismissal, for example?

Yes, indeed, the system contemplates the possibility for the worker to access the benefits of the AFC -Administradora de Fondos de Cesantía-, during the period in which the labor relationship is suspended, and if the worker is later dismissed by his employer, he will have the possibility of claiming benefits from the unemployment insurance. Now, the difficulty here could be the following: there are two accounts, one in which the worker and his employer have contributed, and from this account he has the possibility of making seven transfers from the funds he has saved up to the limit of the taxable remuneration, which is 120.4 UF. On the other hand, the other account is a solidarity fund financed by the employers and the State. The worker will only be able to access this fund when his or her personal savings are exhausted in the individual account, and it has limits that are lower than those of the individual account.