HSEL 7

Question 1

employment at will

Answer 1

that an employer may discharge an employee at any time, for any reason or for no reason

Question 2

dismissal in spain

Answer 2

employers may dismiss employees for no reason, as long as they pay them unfair dismissal compensation

Question 3

causes for disciplinary dismissal (3)

Answer 3

• serious breach
• intentional or negligent
• must be serious

Question 4

justification for disciplinary dismissal (3)

Answer 4

• inexcusable bad performance
• affects basic employers rights
• contractual breaches

Question 5

procedure for disciplinary dismissal

Answer 5

• no notice period

Question 6

causes for objective dismissal (3)

Answer 6

• lack of capability
• absenteeism
• redundancy

Question 7

redundancy motives (4)

Answer 7

• economic situation
• technical or technological changes
• changes in work organization or methods
• with the market situation for the goods or services the company sells

Question 8

Procedures for Objective Dismissal

Answer 8

• mail or hand an individual letter to each employee concerned
• pay the employee the statutory severance pay
• give the employee 15 day notice

Question 9

unlawful dismissal (void or unfair) (2)

Answer 9

• claim within 20 days
• void if:
  1. based on discrimination
  2. constitutes retaliation against employee

Question 10

anti fraud rule

Answer 10

edundancies postponed by the employer until after the 90-day period for the purpose of not reaching the collective threshold may be considered null and void

Question 11

procedures for collective redundancies

Answer 11

1. letter to reps.
2. consultation max. 30 days (or 15 days if less than 50 employees)
3. notice to every employee (min 30 days)

Question 12

consultations discuss (3)

Answer 12

1. reasons for redundancies
2. means to avoid or reduce dismissal
3. criteria for selecting employees

Question 13

expiry of fixed term contracts

Answer 13

terminated by either party when term expires, notice must be given

Question 14

employees retirement

Answer 14

may retire voluntarily (age 65)

Question 15

permanent disability

Answer 15

lawfully terminate the contract if the employee has been held to be permanently and totally disabled for her usually occupation
no severance payment is due

Question 16

employers retirement, disability or death

Answer 16

fair cause, 1 month salary severance

Question 17

force majeure

Answer 17

employer wishing to dismiss employees must seek official authorization from the public administration

Question 18

employees resignation

Answer 18

any time, requirement is notice of 2 months

Question 19

constructive dismissal procedure

Answer 19

1. file a suit
2. quit if approved
3. with severance and unemployment benefits
4. amount is unfair dismissal

Question 20

constructive dismissal beach (4)

Answer 20

1. substantial change
2. nonpayment
3. harassment
4. violations of fundamental rights

Question 21

substantial change dismissing

Answer 21

1. quit without hearing
2. 20 days/9 if working conditions
3. 20 days/12 if location