Unidad 7. Video 2 de 5. Suspensiones por causas económicas

Suspensions in Labor Law

Overview of Suspensions

• The video discusses three types of suspensions: disciplinary, lack of work, and force majeure. Relevant articles include 67 and 218 to 223 bis.

• Key requirements for applying suspensions are just cause, fixed term, and written notification. Just cause must be legally accepted reasons.

Disciplinary Suspensions

• Employers have the right to impose disciplinary measures as per Article 68; maximum suspension is 30 days within a year from the first suspension.

• Example: An employer may suspend an employee for five days due to repeated unjustified absences, checking past suspensions to ensure compliance with the 30-day limit.

• Requirements include proportionality and contemporaneity; no more than one suspension can be applied for the same incident. During this period, employees do not receive remuneration or accrue seniority or vacation time.

• Employees have 30 days post-notification to contest the suspension in labor court.

Lack of Work Suspensions

• This type occurs when work cannot be provided due to unforeseen circumstances not caused by the employer (e.g., inability to import materials). Maximum duration is also 30 days within a year anniversary from the first suspension.

• Workers are suspended starting with those having less seniority and fewer family responsibilities; they do not receive remuneration but may claim benefits under Article 223 bis while accruing seniority and vacation time during this period.

Force Majeure Suspensions

• Defined as unexpected events that prevent organizational functioning (e.g., natural disasters); these suspensions can last up to 75 days within a year anniversary from the first suspension. Examples include pandemics or earthquakes.

• Similar rules apply regarding employee selection based on seniority and family load; workers do not receive remuneration but can claim benefits under Article 223 bis while accruing seniority and vacation time during this period.

Summary of Suspension Limits

• Maximum durations for each type of suspension are:

• Disciplinary: 30 days

• Lack of Work: 30 days

• Force Majeure: 75 days

Total combined maximum across all types should not exceed 90 days in a year anniversary context.

Example scenarios illustrate how different combinations of suspensions can affect total allowable duration without exceeding limits set by law:

• A worker suspended for lack of work for 20 days could still face a disciplinary suspension if it does not exceed overall limits.