Suspensions and Exemptions in Employment Contracts

Causes Involuntaries:

Privation of liberty without conviction:

Communicate it to the employer, in this case the contract will be suspended. Once there is a sentence, three scenarios can occur:

• Sentence of acquittal: The worker will be reinstated in their job.
• Sentence of conviction without deprivation of liberty: The worker will be reinstated in their job as usual.
• Sentence of conviction with imprisonment: The employer decides whether to suspend the contract until the worker is released from prison or to terminate it.

Temporary incapacity (IT):

Situation due to common or occupational illness or accident, the worker cannot provide services. The employer only pays the Social Security. A worker can be on sick leave for a maximum of 12 months.

Maternity:

The contract is suspended for 12 weeks, which are extended in the case of multiple births. It is established that if the maternity is biological, the first 6 weeks must be taken by the birth mother. The remaining 10 weeks can be taken by either the father or the mother. During maternity leave, the employer does not pay, but a Social Security benefit is received.

Paternity:

The contract is suspended for 12 weeks for the other parent.

Temporary force majeure:

When an unforeseeable situation occurs that cannot be avoided and that involves economic, technical, organizational, or production issues in the company, the employer can temporarily suspend the contract until the situation normalizes. The worker can collect unemployment benefits or look for work. When the situation returns to normal, the worker can choose to return to work.

Suspension of contract (LEAVE OF ABSENCE):

It is a right in the Workers' Statute by which workers can temporarily leave their job and return to the company.

Voluntary leave of absence:

It requires a minimum of 1 year of seniority, and can be requested for a period ranging from 4 months to 5 years.

Leave of absence for family care:

When a child is born, the worker is entitled to 3 years of leave per child. It can also be taken for the care of family members for up to 2 years (only for relatives up to the second degree).