Similarly, in the event of closure of the company within the framework provided for by law, or even closure of the factory, the employment relationship is suspended. Of course, it is important to say that the suspension of the employment relationship does not mean that the employee loses his position. Suspended staff members shall have the opportunity to resume their duties as soon as the causes leading to the suspension have been completed. These are the reasons why an employment contract may be temporarily suspended. Remember that only in these cases can a contract be temporarily suspended and they do not depend on either the employer or the employee. If the employment contract is suspended other than those referred to in art. 51 of the Substantive Labour Code and if this is also due to a reason attributable to the employer, the employer is obliged to comply with article 140 of the Labour Code. The suspension of the employment relationship is the termination of the legal effects of an individual or collective employment contract for reasons beyond the control of the employee or the employer, whether personal or natural, during which the existing legal relationship between the parties does not disappear, since it is resumed as soon as the causes that caused it, the standardization of the rights and obligations contracted by them (Mexican Legal Dictionary). In addition to all those that we have already listed and described in detail, there are other reasons for suspension of work that are contained in the Federal Labour Act.
3. the fact that the employee fulfils legal obligations that temporarily prevent him from providing his services to the employer; Other effects, such as those affecting social security, seniority, promotions or severance pay, differ from one cause to another, so that in any event reference is made to them. The court order authorizing the suspension of employment contracts allows the workers concerned to become unemployed. With regard to the causes of the suspension of work at the collective level in 2021 in companies, the following points are mentioned: In accordance with the provisions of Articles 31, 32 and 33 of Royal Decree 1483/2012 of 29. The force majeure of October (unforeseeable and unavoidable event outside the normal activity of the company or workplace) must be verified by the Labour Authority through a procedure initiated at the request of the company. by means of an application accompanied by the necessary evidence and simultaneous notification to the workers` legal representatives. The Labour Authority shall issue a decision within five days of the date of the application. In the absence of legal representation of the company`s employees, they may entrust their representation to a designated commission. The working day may be shortened for economic, technical, organisational or operational reasons in accordance with the same procedure, a reduction in working time being defined as a temporary reduction of between 10 and 70 % of the working day calculated on the basis of a daily, weekly, monthly or annual working day. The procedure, regardless of the number of workers concerned, shall be initiated by notification to the competent labour authority and at the same time by the opening of a period of consultation with the workers` legal representatives for a maximum period of fifteen days.
If the consultation period ends with an agreement, the justifications referred to in the first subparagraph shall be deemed to exist and may be challenged before the competent court only on the ground of the existence of fraud, fraud, coercion or abuse of rights at the time of its conclusion. Among the reasons for the suspension of work, the Federal Labour Act also provides for the preventive detention of the employee. In this case, there should be no conviction. This is due to what the suspension represents in the employment relationship. As we have already seen, this is temporary, that is to say that if the employee subsequently receives an acquittal, he has the right to resume his duties. Due to COVID-19, I have at my disposal the model letter that the employer must give to the employee so that the determination of the suspension of the employment contract is legalized on the basis of the provisions of Article 51, paragraph 1, of the Material Labour Code, that is, due to a case of force majeure or accidental events. This is emphasized so that the employer does not have to terminate the employment contracts of its employees. Sincerely: Ernesto Piedrahita. Lawyer in labour law. Warm welcome: I am currently retired, I have already finished the weeks, I present the documents and I receive the notification that I still have an active contract in the company; Now, with the coronavirus problem, the company will suspend workers` contracts. My question is: employees do not enter into the case of the suspension of contracts? Can I suspend the contract in my case? and if after the 4 months that expire in June, do I have to make my final declaration and submit it? Section 429 of the Act states that the employer does not need the permission or permission of the court for this suspension. He is obliged by the health authority to execute it.
In addition, he must pay to his accidents at work an indemnity equal to one day of the general minimum wage applicable for each day of the duration of the suspension. It should be clarified that the rules provide for a maximum duration of one month for this type of interruption of work. If the strike is declared illegal, the employment contract will be terminated if the employer so decides. The employer may suspend the employment contract for economic, technical, organisational or production reasons, subject to the employer`s right to a premium of 50 % of the social security contributions for the common quotas of the workers concerned, subject to certain conditions. As we have already seen, suspension of work is the termination of the legal effects of an employment contract for reasons beyond the control of the employee or employer. During this period, certain commitments between the two existing obligations will disappear and will be resumed as soon as the reasons for the suspension end. After the completion of the suspension, the rights and obligations set out in the employment contract are normalized.