[ad_1]
LPPARA and members of the association point out that workers, especially in the service sector, are taking advantage of the situation, with declining trade limitations and growing labor market activity, calling for the termination of labor contracts, although workers are needed in work place.
After receiving a benefit from one employer, such employees immediately seek new employment with another, and sometimes even with the same employer. For their part, the economic situation of companies affected by a pandemic is often difficult, they have to recover lost turnover and cannot pay such compensation.
LPPARA addressed the Prime Minister, the Ministers of Social Security and Labor and of Economy and Innovation, as well as the Tripartite Council, proposing to modify the provisions of article 56 of the Labor Code. This appeal was motivated by the legal paradox created by the emergency and the quarantine, which is beginning to be abused, especially in the service sector.
Article 56 of the current Labor Code provides that an employment contract may be terminated by written notification to the employee if “the employee’s downtime is not due to the fault of the employee for more than 30 consecutive days or if it occurs for more than 45 days in the last 12 months. “
The second paragraph establishes that “in the event of termination of the contract for the reasons provided in this article, the employer must pay the worker severance pay equivalent to twice his average income” (or one if the employment relationship lasts less than one year ).
The LPPARA proposes to modify the pertinent provisions of article 56 of the Labor Code so that the employer is not obliged to pay severance pay if the downtime is declared to the employee not because of his fault but because of an emergency or quarantine and the employee retires . work on your own initiative.
