Labor Review Debate: Changes for Workers
Summary of Labor Law changes:
This text outlines several changes being proposed or implemented in labor law. Here’s a breakdown:
1. Employment Contract Definition:
To prove an employment contract exists,two things are required: regular activity and economic dependence of the worker on the employer.
2. Teleworking:
Easier Refusals: Employers will find it easier to deny teleworking requests from employees. The previous requirement of “due reason” in writing is being loosened.
Worker Opposition: Workers will no longer be protected from repercussions (dismissal or penalty) for refusing a teleworking proposal from their employer. Previously, their opposition didn’t need justification.
Expanded Request: Rules for teleworking will now apply to all remote work, even if the worker isn’t economically dependent on the employer.
3. Purchase of Vacation Days:
Additional Days: Workers can request up to 2 additional vacation days with a loss of pay. Benefits Maintained: Other benefits (meal allowance, holiday/Christmas bonuses) will not be lost.
Agreement Required: These days must be agreed upon with the employer and requested within 10 days of the vacation period being set. Employer Limitations: Employers can only deny the request due to “imperative needs of the company.”
4. Holiday & Christmas Allowances:
Payment options: Workers can choose to receive these allowances either in twelfths (monthly) or as a lump sum (conventional method).
5. Experimental Period for First Jobs:
Revocation of 180-Day Rule: The mandatory 180-day experimental period for first-time job seekers and long-term unemployed workers is being removed from the Labor Code for indefinite contracts.
In essence, these changes generally seem to shift more power towards employers, especially regarding teleworking, and offer some versatility to workers regarding vacation and allowance payments.