Some labor concerns.
Olga Pitti
- Must the employer receive from the employee only medical certificates from health centers or the Social Security Fund?
No. The employer is obliged to accept medical certificates from the Social Security Fund, the Ministry of Health and/or private clinics or hospitals. - Can the employer deny an employee the permission required to appear at a judicial proceeding or to participate as a witness in a labor proceeding?
No. It cannot be denied. - The employee has not presented me the proof of his attendance to the judicial proceeding. Should I, as a company, pay this time to the employee if he does not present such proof?
The Labor Code establishes in article 823 that workers must show in advance the respective summons and then the proof of having attended the proceeding. - Can I be dismissed under the cause of notorious lack of performance at any time?
No, you may not unless the employer has a technical and professional evaluation regulation previously approved by the Ministry of Labor and Labor Development or it has been agreed upon in a collective bargaining agreement. - How much must the employer deduct from an employee who has alimony to make it available to his beneficiary, at the time of dismissal or agreed termination of employment?
The employer must deduct:
25% in amounts up to B/.1,000.00;
30% in amounts from B/.1,001.00 up to B/.3,000.00;
35% on amounts from B/.3,001.00 up to B/.5,000.00;
40% in amounts from B/.5,0001.00 or more of the total of the respective liquidation. (Article 8 of Law 45 of 2016, which amends Article 20 of Law 42 of 2012). - Is the employer obliged to give a letter of recommendation?
No. What the Labor Code establishes as an obligation is that the employer is obliged to issue to the worker as many times as necessary, during and at the termination of the employment relationship, a certificate stating the time of service, the type of work performed and the salary received. - What does the Labor Code consider as abandonment?
When the worker leaves work in an untimely, unforeseen, out of time and unjustifiably.
and in an unjustified manner. This implies that the person showed up to work and disappears for part of the day without any type of authorization, in an unjustified manner. He/she returns on the same day and continues working. Article 213, paragraph A, numeral 12.
