Every company works like execution component of services and/or products with the in order to maximize profits this. It requires, for a correct inner workingsthe management of different factors and, mainly, a hierarchical center in decision making that point out technical aspects of an organizational, economic and labor nature.
The administration of a company requires a logical, effective and systemic work of the organization techniquesdirection, control and execution of labor resources, with the purpose of complying with the business objectives.
The directives that a company imparts through its directors or senior managers are strictly linked to organizational planning and the control and direction methodsfunctional to the tasks of their dependents, in conjunction with disciplinary power.
What tools does the Employment Contract Law provide?
The Law employment contract treats the company in its article 5 referring to it as a “instrumental organization of material and immaterial personal means, all of them organized under one direction to obtain economic purposes.”
This article already predicts us about words like “organization”, “management”, “economic purposes”.
From the Employment Contract Law and based on business practice, we will see some ways that are essential for good organization: organize, control, direct and discipline.
Within the company, the aforementioned aspects must be generated and applied in a harmonious, systemic and discretionary mannerwith only one purpose: social and business benefits.
The Law employment contractplaces strict emphasis, based on the principle of good faith on the part of the worker, on the organizational, management and disciplinary powers granted to him by the employer so that he can apply them with a systematic and conventional functionality.
The Law dedicates a chapter to the powers that correspond to the employerthat is, to the powers of organization, direction and discipline.
Likewise, fixed duties for the dependent such as those related to diligence, collaboration, punctuality, regular attendanceadequate dedication, loyalty, following instructions and refraining from executing businesses on their own that are detrimental to the interests of the company.
On the other hand, the Employment Contract Law establishes common duties of both parties. This is the obligation to behave with the correct collaboration, solidarity and good faith.
As we see, the law seeks a equity in powersin duties and shares them with a single purpose: the interests of the company which results, in some cases, in other social interests.
What can be done if a contract is breached?
Faced with issues of breach to the labor obligations of a company’s employees, the law grants the employer different ways that cauterize these breaches or bad behavior.
The disciplinary sanctions They can be of the type calls for attention, verbal warning or as it is said colloquially a “ear pull”.
This form It is not enshrined in the Law of the Employment Contract nor is it a disciplinary sanction itself, therefore, does not constitute a means of reproach or challenge on the part of the clerk, it only obeys the employer’s customs so as not to lead to serious outcomes.
However, there are other forms compliant with the lawsuch as the warningthe suspensions and the dismissal with just cause. In fact, they are the only disciplinary sanctions that the law lists and considers must conform to the same legal body in terms of reasonableness, causal criteria and written expression.
The Warnings What are they written expressionsminor offenses committed by dependents to be attached to their file.
The suspensions consist of the temporary interruption of any of the obligations and benefits of the parties, the contract remains in force and limits only some of its effects.
The same principle governs written communication by note in the company and, if applicable, by private or public mail.
The suspensions must be clear, precisemaking detailed mention of the cause that led to the sanction and the certain period thereof.
The clerk has a period of 30 calendar days to challenge the sanction written. Once expired, the sanction will become final.
The criteria that the company must have regarding the term must conform to the sanction and be proportional to the lack.
In cases where the collective bargaining agreement or the company regulations establish different procedures that the employment contract law, both parties must adjust to what they indicate.
Without prejudice to the rights and obligations that the employment contract law establishes for the two fundamental parties of an employment relationship, Employer and dependentthe autonomy of will and dialogue collaborate with the reduction of high rates of labor litigation and the danger of a social right that aims at the productive growth of a Republic.
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