The individual work relationships they refer to the existing employment relationship when an employer agrees with an employee the work to be performed. They are made up of their own legal regulations and the result of the agreement between both parties on the terms that will govern the employment relationship..
The work will be carried out under the supervision and control of the employer, with the employee being paid a salary for his work. In addition, both the employer and the employee have rights and responsibilities during the employment relationship and when it ends..
This concept broadens the coverage of the labor regulation to a more limited scope such as the “employment contract”, which is based on the criterion of subordination of workers to the employer..
They have been of great interest to the European Union since its creation, in the context of the generation of a common labor market for all workers, including self-employed workers, to guarantee their rights to free movement and social security..
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The main objective of these relationships is based on an individual employment contract, regardless of the name or training you have. It is about the integrity that a person has when providing their services to another individual in a mandatory way, in order to receive the payment of a salary.
If a person is given the responsibility of supplying subordinate individual work to another individual, and the latter to pay a salary, it makes no difference what this is called, because there is an employment contract and therefore they will have to adapt to the labor guidelines.
In labor law, a contract is important, because it shows the evidence of the relationship between the employer and the worker, carried out through a voluntary agreement.
This type of contract may contain various legal effects, regardless of whether the employer has not made the presentation of the service. Individual work relationships have the following characteristics:
The work must be carried out by the person hired to carry it out and cannot be provided by a different worker.
It means that the employee will technically depend on the employer, consistent with the legal duty of obedience and respect. There will only be that dependence with respect to the contracted work.
It means that for the provision of subordinate and individual work to an employer, for the employee there will be an economic remuneration.
Whatever its denomination or form, it is that according to which an individual is obliged to provide an individual work, subordinate to another person, by means of the payment of a salary.
It will not matter what name both parties give to the signed contract, because in the end it will be a labor contract that generates on one party the duty to provide a subordinate individual service and on the other to pay a salary..
The contract is a pact of wills, being irrelevant whether or not the provision of the service has been started for all the legal consequences to take effect.
It is the natural or legal person who uses the employee's service. If the worker performs what was agreed and additionally uses the services of other individuals, the employer will remain the same for him, as well as for the other contracted persons..
It is the individual hired and who provides his service to the employer. These jobs or services correspond to a human, intellectual and material activity, concerning the necessary technical capacity in each trade or profession..
It is the individual who replaces the employer, accepting his position to transmit the duties. In legal terms, this individual replaces another to fully adjudicate the duties and rights of the person replaced.
Suspension of the employment relationship occurs when a worker continues to be employed in the company, but does not have to attend work for any important reason. If an employee is suspended, it does not mean that he has done something wrong or that the employer assumes that he has done something wrong..
If it is a disciplinary matter, suspension should not be the mechanical solution for the employer.
If the suspension is made, the reason for the suspension should not be made public. If it is essential to express the withdrawal of the worker, the employer must agree with the same how it will be explained.
If the worker proceeded in defense of the employer's interests or in self-defense, his salary must be paid. For example, a security guard who has been attacked within the company and the thief is injured.
Until a final judgment is issued, the law will protect the worker. If he is convicted and must go to jail, the employment contract must be revoked.
When this happens, the contract must be suspended. It could happen that the worker gets his release on bail, having to regularly appear in court for a time.
For such a situation it is established that you should not change your employment status. Therefore, the employer must grant the permits so that he can appear in court..
The law provides the worker with the possibility of returning to work on an agreed date, so that he can collect all the necessary documentation to correctly introduce it to the company..
In certain circumstances, a doctor may suggest that a worker is unfit to work because of a particular risk.
This causes the worker to retire from work, in favor of the other workers. After the employee is fully cured, he will be able to return to his work and the employer will have the duty to take him in..
Any disability that does not constitute a risk at work is protected by law, in order to favor the maximum time that the worker needs for his recovery..
The employer must take into account specific risks at work for a pregnant or recently given birth worker. Common hazards are lifting or carrying heavy objects, standing or sitting for long periods without proper rest, or exposure to toxic substances.
The employer who has been notified of a worker's pregnancy must consider any recommendations that the worker has received from her doctor.
If it is not feasible to rule out the risk, the individual employment relationship with the employee should be suspended until it is safe for her to return to work. The employee must be informed of the risk, in addition to continuing to receive her remuneration.
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