FINAL ACTIVITIES

SUBJECT 4: MODIFICATION, SUSPENSION AND TERMINATION

OF THE EMPLOYMENT CONTRACT

4.1. Pedro works as a salesman in an appliance store. His boss has gone on vacation and
leaves him in charge of the store for the whole month of August, having to do his boss's
job in addition to his own. Is this a case of functional mobility? What rights does the
worker have?

Yes, this is a case of upward functional mobility. In this case, the employee is entitled to
receive the remuneration corresponding to the higher category, can claim the promotion
when he/she has performed the functions corresponding to that category for 6 months
within 1 year, 8 months within 2 years according to the provisions of the agreement, and
can also appeal to the Social Court if the company refuses to give him/her the promotion.

4.2. Raquel asks her employer to transfer her to another workplace because she considers
that, as a victim of gender violence, the employer is obliged to grant her a transfer if she
requests it. The company responds that this is not possible, as there are no vacancies. Is
the company's performance correct? What can the worker do?

Yes, because the employee has a preferential right to occupy another position in another
work center of the company, provided that there is a vacancy. The employee may choose
to wait for a vacancy at another center or request a suspension of the contract.

4.3. Point out which type of contract modification occurs in the following situations:

Situation Modification

Change of functions to those of a lower Downward functional mobility

professional group

Indefinite relocation to a work center located

Geographic mobility
in another country

Substantial modification
Change from afternoon shift to morning shift

Temporary transfer to a work center Geographic mobility

located in another province

Changing the intensive workday to a split Substantial modification
workday
4.4. Alberto and Veronica are married, live in Malaga and work in the same travel agency.
The company has informed Verónica of her definitive transfer to Barcelona, to take charge
of the new agency that the company has opened in this city.

a) What are Veronica's options?

b) Can Alberto request a transfer to the new agency in Barcelona?

c) What would happen if I did not accept the transfer?

d) How should you be notified of the transfer?

a) The worker has 3 options:

- Accept the transfer and receive compensation for the expenses of your and your
family's relocation.
- Terminate the contract and receive an indemnity of 20 days' salary per year of
service, with a maximum of 12 monthly payments.
- If he/she does not agree, he/she may appeal to the Social Court within 20 working
days from the date of communication.

b) Yes, Alberto can request a transfer to the new agency in Barcelona, since in the event
that one of the spouses undergoes a transfer and changes residence, the other spouse, if
working in the same company, has the right to transfer to the same location, if there is a
job.

c) Veronica would continue at her original place of employment. Or you can also request
the termination of the contract. ???

d) They must notify her and her legal representatives 30 days prior to becoming effective.

4.5. A security company, due to organizational needs, changes the working hours of an
employee. He had been working in the morning shift since he joined the company, and he
is changed to the afternoon shift for 4 days a week, and to the night shift for 1 day. The
employee considers that this modification of his schedule, which causes him serious
disruption and prejudice, constitutes a substantial modification of working conditions,
since it has been agreed by the company unilaterally, so he considers that he should be
restored to his original schedule. Is it a substantial modification? What options does the
worker have?

Yes, this is an individual substantial modification. The worker has 3 options:

- Accept the modification.

- Appeal the modification within 20 working days before the Social Court. In the
event that the judge deems that it is unjustified, the worker will return to his
previous conditions.
- Terminate the contract with an indemnity of 20 days' salary per year of service, up
to a limit of 9 monthly payments.

4.6. Estefania works as an administrative officer in a construction company, although she

has a degree in Architecture. The company has asked her to collaborate with the technical
department as an architect and she gladly agrees. After 9 months, Estefania has been
working full time and performing higher functions than those for which she was hired
without any change in her salary or professional group. Can Estefania perform these
functions? What rights do you have?

Estefania can perform these functions only if she is qualified to do so. The worker is
entitled to:

- Receive the remuneration corresponding to the higher category from the first day.
- Claim promotion when you have performed the functions corresponding to that
category for 6 months within 1 year, 8 months within 2 years as stipulated in the
agreement.
- Claim the promotion before the Social Court, in case the company refuses to grant
it. However, the workers' representatives must be informed in advance.

2. SUSPENSION OF THE EMPLOYMENT CONTRACT

2.7. Indicates those cases that constitute a cause for suspension of the employment
contract:

. Closure of the company due to the death of the entrepreneur.

. Worker elected to Parliament. X

. Worker who resigns from his job.

. Sick worker with permanent disability. X

. Worker deprived of liberty without a conviction. X

. Job abandonment.

. Fair disciplinary dismissal.

. Striking worker. X

. Working woman who has just adopted a 1-year-old child. X

. Worker suspended from work and salary for three days. X

. Temporary closure of the company due to workers' strike. X

2.8. Marcos and Sofia have adopted two children, 1 and 2 years old, respectively.
Describes how adoption leave may be distributed.

Each parent has 16 weeks of leave. The 6 weeks following the date of the judicial decision
establishing the adoption or the administrative decision of guardianship for the purpose of
adoption or foster care must be enjoyed on a mandatory, uninterrupted and full-time
basis. The remaining 10 are voluntary and if they decide to take them, they may do so
accumulated or interrupted, in weekly periods, within the 12 months following the judicial
resolution.

2.9. Felipe is on an enforced leave of absence due to having been appointed to public
office. Two months after termination of his position, he applies for reinstatement in his
previous company. Is the company obliged to reinstate him? Reason your answer.

No, because reinstatement must be requested within one month after leaving public
office.

2.10. Maria works in a construction company as an architect. A minor nephew is

temporarily living with her. The boy has been involved in a traffic accident and will be
hospitalized for 2 months. Maria has requested leave of absence to care for her nephew
and the company has denied it, claiming that she is not an immediate family member. Is
Maria entitled to apply for leave of absence? Why?

No, because this type of leave is used to care for family members up to the second degree
of consanguinity. In this case, Maria's nephew is a third degree nephew.

2.11. Sandra has been working as a salesperson in a department store for 10 years. He
has always had the idea of starting his own business and has decided to do so. He intends
to take a leave of absence from his job, in case he does not do well with his company.

. a) Are you eligible to apply for leave of absence?

. b) What could be its duration?

. c) When the leave ends, if you are not doing well with your business and want to return
to your old job, will you be able to do so?

. a) Yes, you may apply.

. b) From a minimum of 4 months to a maximum of 5 years.

. c) No, because the position is not reserved, although he/she has preference for admission
to a vacant position.

2.12. Francisco has fathered triplets. Are you entitled to suspend your employment
contract? What would be its effects? What about his wife, who is the biological mother?

Yes, you are entitled to it. You are entitled to attend training courses, and the position is
reserved for 1 year. His wife may also suspend his employment contract.

3. TERMINATION OF EMPLOYMENT CONTRACT

4.13. José Luis has worked with the company RASTA, SL under a 14-month contract for
work or service. The company notified the employee in writing 5 days in advance of the
termination of his employment relationship.
. a) Has the company correctly carried out the form and the period of notice of termination
of the contract? What are the effects of a possible non-compliance?

. b) Is José Luis entitled to receive any compensation for the termination of the contract?

a) No, the company must notify the employee in writing, stating the causes of the
dismissal clearly and precisely and the date on which it is to take effect, and give the
employee 15 days' notice prior to the date of dismissal. In the event of non-compliance,
the company shall be obliged to pay the wages corresponding to the period of notice not
respected.

b) Yes, you are entitled to a severance payment of 20 days' salary per year of service, with
a maximum of 12 monthly payments.

4.14. The company AVERNO, S.A., whose only place of business is the building located in
Atenea Street, León, had to terminate its activity due to a fire that totally destroyed the
building and all its stock, making it impossible to rebuild it and resume its activity. The
company had 5 employees.

. a) On what grounds could AVERNO, S.A. terminate the employment contracts of its
employees?

. b) What steps must the company take to terminate the employment relationships of its
employees?

c) What rights would employees have upon termination of their employment

relationships?
a) A cause of termination of the contract for reasons beyond the control of the parties:
FORCE MAJEURE.

b) A competent labor authority has to confirm the existence of force majeure within 5
days of the request for termination of employment contracts.

c) They will be entitled to a severance payment of 20 days' salary per year worked with a
maximum of 12 monthly payments and also to apply for unemployment benefits.

4.15. Indicate to which type of dismissal these causes belong:

1. Indiscipline or disobedience.
2. The worker's ineptitude, known or acquired after he/she was hired by the
company.
3. Habitual drunkenness or drug addiction, if they have a negative impact on
work.
4. Failure to adapt to technical changes in the workplace.
5. A workforce of 280 workers spread over two work centers of 150 and 130
workers each, with the company dismissing 20 workers belonging to the
first center.
6. A workforce of 280 workers spread over two work centers of 150 and 130
workers each, with the company dismissing 30 workers from the entire
company.
7. A workforce of 280 workers spread over two work centers of 150 and 130
workers each, with the company dismissing 20 workers, of whom 15 belong
to the 150-worker center and 5 to the 130-worker center.

1. Disciplinary dismissal 5. Collective

dismissal
2. Dismissal for objective causes
6. Collective
3. Disciplinary dismissal dismissal

4. Dismissal for objective causes

4.16. Rocío Sainz works as an administrative assistant for the company PARQUESOL, SL
under a 6-month temporary employment contract, in which it had been agreed that if
Rocío got married, the company reserved the right to terminate the contract without
payment of compensation. Two months later, Rocío Sainz got married and the company
terminated the employment contract in application of the agreed clause.

a) What was the cause of termination claimed by the company

PARQUESOL, SL?
 b) Do you believe that the termination of Rocío's employment relationship
was legal?

a) It has been a validly established cause in the contract.

b) Yes ???

4.17. Sofia has been enduring for more than 10 months the continuous delays of the
company where she works in the payment of wages. As a result, he has decided to file a
lawsuit before the Labor Court to request the termination of the employment contract.
The court ruled in favor of Sofia and forced the company to terminate the contract. Sofia
had been working at the company for 5 years until the date of termination, with a daily
salary of €55 on an annual basis (pro rata of the bonus payments included). Is Sofia
entitled to any kind of compensation? If yes, calculate it.

Yes. CALCULATION OTHER THAN SEVERANCE PAY

4.18. The company CRIOLAR, S.A. communicates, on July 16, in writing to one of its
workers his disciplinary dismissal for the following cause: Letter to Ignacio Rías:

"The management of the company informs you that, effective July 19,
you are hereby terminated for the reasons you are already aware of,
and which were communicated to you verbally."

a) How should Ignacio's dismissal be judicially challenged, considering the content

of the dismissal letter?

b) What are the consequences of such dismissal?

a) Unjustified because the cause alleged by the employer has not been accredited.

b) Firstly, the employer is obliged to pay the wages corresponding to the notice period
not respected and secondly may choose within a period of 5 days from the notification of
the judgment between:

- Readmit the worker and pay for processing services. In this case, the employee must
repay the compensation received at the time of the

delivery of the letter.

Not to reinstate the employee and pay him/her a severance payment of 33 days'
salary per year of service, up to a maximum of 24 monthly payments.

4.19. José Luis has been working for more than 16 years as a teller in a branch of Banco
Santander in Madrid. On May 27, José Luis' wife calls the bank office early in the morning
to inform the bank manager that her husband will not be able to go to work for 2 days due
to a severe gastrointestinal process. The bank manager tells her to tell her husband not to
worry and to take care of himself. José Luis, in reality, is not sick but, as he is a great soccer
fan, he has gone with a group of friends to London to watch the Champions League final
between Sevilla FC and Chelsea. As this is an event of great worldwide repercussion,
journalists make many interviews and photographs to the Spanish fans, among them José
Luis. For this reason, the day after the match, on May 28, a photograph of José Luis and his
teammates during the soccer match was published on the front page of a well-known
sports newspaper. The bank manager, when he saw the photograph of José Luis in the
newspaper, asked him for explanations, and he replied that, as he feared that he would
not be given permission to make the trip, he pretended to be ill. On May 30, the bank
manager fired him, handing him the letter of dismissal, which clearly and precisely detailed
the reasons for the dismissal and the date on which it became effective. José Luis claims
against the dismissal.

. a) What type of dismissal is involved? What do you think was the cause of this one?

. b) What should be the form requirements? Did you perform them correctly
the company?

. c) How long does José Luis have to claim the dismissal if he disagrees?

. d) How do you think the dismissal will be qualified? What effects will it have?

a) Disciplinary dismissal due to unjustified absence from work.

b) Disciplinary dismissal must be made by means of a written notice, which must clearly
and precisely state the facts motivating the dismissal and the date on which it is to take
effect. Yes, the company has done it correctly.

c) Within 20 working days.

d) From. The employee will not be entitled to compensation, although he/she may apply
for unemployment benefits.

4.20. The company LOVELYDAY, SL notified on May 20, effective June 6, the termination
of the indefinite-term employment contract of Belén Ramos, for unjustified absences from
work during the period from March 10 to August 10. The company describes in detail, in
the letter of dismissal delivered to Belén, a total of 30% of unjustified absences within the
previous period, which does not include absences due to strikes, work accidents,
maternity, leaves, vacations, workers' legal representation activities, illnesses or accidents
agreed by the official health services. Together with the letter of dismissal, which clearly
details the causes of the dismissal and the date on which it will be effective, the company
gives you a severance payment of 20 days' salary per year worked, granting you a paid
leave of 6 hours per week during the notice period. Belén has been working for the
company for 10 years with a monthly salary of:

• Base salary: 1,200 €.

• Liability bonus: 300 €. In addition, he receives 2 bonus payments in July and December,
equal to the salary of the employee.

base. Belén does not agree with the alleged causes, so she decides to appeal the dismissal.

. a) What type of dismissal is involved?

. b) Analyzes whether the manner in which the dismissal is carried out is correct.

. c) How do you think the dismissal will be qualified? What are its effects?

. d) Calculate the compensation that Belén should receive.

a) Disciplinary dismissal

b)Yes, it is correct.

c) From. In that case, Belén will not be entitled to compensation but will be entitled to
claim unemployment benefits.

d) SEPARATE CALCULATION

4.21. The company FOTMER, SL communicated on April 10, by delivery of the letter of
dismissal, correctly completed, the termination of Juan Pernás' contract, effective April 25,
providing him with a severance payment of 120 days' salary, as he had been with the
company for 6 years, and granting him paid leave during the notice period of 6 hours a
week.The company gave him a severance payment of 120 days' salary, as he had been
with the company for 6 years, and granted him a paid leave of absence of 6 hours a week
during the notice period. The cause of termination alleged and justified by the company
was the employee's failure to adapt to the company's

technical modifications to his job, the technical change being reasonable, and one and a
half months having elapsed since these modifications were introduced and one month
having elapsed since the end of the adaptation course given by the company to its
employees.

. a) What type of dismissal is involved?

. b) How do you think the dismissal should be classified if Juan decides to claim it because
he does not agree with it? What will be its effects?

a) Dismissal for objective causes

b) In this case, the employee will be entitled to an indemnity of 20 days' salary per year,
with a maximum of 12 monthly payments, and also to apply for unemployment benefits.
4.22. Luis has just been fired for repeated unexcused absences from work. The
communication of the dismissal was made by Rosa, the general manager. At the same
moment of the communication Rosa delivers the settlement, which Luis signs "I received it
not in conformity". Luis does not agree with the reasons given for his dismissal and decides
to file a lawsuit before the Labor Court, after filing a conciliation letter before the SMAC,
without agreement between the parties.

a) What type of dismissal is involved?

b) Can Luis make a claim once he has signed the settlement?

c) How will the judge be able to qualify the dismissal? What would happen in each case?

a) Disciplinary dismissal

b) No, I can do it within 20 working days.

c) Proceeding or inappropriate. In the first case, the worker will be dismissed and will not
be entitled to severance pay but will be entitled to claim unemployment benefits, while in
the second case, 2 things can happen:

- That the company reinstate the worker and pay him the processing wages.
- Or that the company does not reinstate him and has to pay him a severance
payment of 33 days of salary per year of service, up to a maximum of 24 monthly
payments.

4.23. María Guerra, with NIF 38567873R and Social Security affiliation number
34/1000739/98, is providing her services in the company RISK, SL with registered office in
Madrid, with a contract for work or service, since April 1, 2015, with professional group of
administrative officer, group 5 of Social Security contribution. On September 20, 2016, the
company dismissed the worker, after delivering the letter of dismissal, justifying it by
serious insults by Maria to her coworkers. Dissatisfied with the employer's decision, the
worker filed a lawsuit before the Labor Court, after filing a conciliation letter before the
SMAC, without agreement between the parties. Subsequently, after the trial, the court
classifies the dismissal as unjustified, the employer opting not to reinstate the worker and
to pay the corresponding indemnity. The employee's monthly salary is as follows:

. Base salary: 1,218 €.

. Seniority: 115 €.

. Standard bonus: 108 €. In addition, he is entitled to 2 extraordinary payments, accrued

semiannually, equal to the base salary plus seniority, each of them in June and
December. The annual leave is 30 days of paid rest, not having enjoyed any days at
the time of dismissal. The withholding tax withheld from the employee's income
tax is 14%.

. a) Draw up the settlement to be delivered by the company to Maria.

. b) What would have happened if the worker had taken the full amount of
vacation on the date of dismissal?

. SEPARATE CALCULATION