Termination Of Employment

Act No. eighty accommodates other important necessities for a way employers can undertake terminations within the particular context of closings, reductions in force, or reorganizations or technological modifications. In these instances, the employer should retain essentially the most senior workers, if there are vacancies or positions occupied by staff with less seniority in the former’s job classification that may be carried out by them. However, at the time of the dismissal, when there’s a reasonably clear or evident difference in favor of the capability, productiveness, performance, competence, effectivity, or conduct historical past of the workers compared, the employer may interact in a range process based on stated standards. Act No. eighty also clearly states that any capricious discharge unrelated to sustaining proper and regular business operations isn’t thought-about with simply cause. In the latter case, the employee would be entitled to reinstatement with back pay. For functions of the calculation of the severance pay or “mesada,” the years of service will be decided based mostly on all of the periods that the employee worked for a similar employer before being dismissed.

The employee must submit the request in writing, and it must no less than embrace a description of the non secular activity, the frequency and the requested accommodation. The employer must provide a written response inside seven business days, or else will probably be presumed that the employer granted the request. The employer could organize a meeting with the worker or job candidate to discuss available accommodations.

Employment Discrimination

Vacation And Sick Depart

There are no formal requirements for the processing of this request. However, if the employer allows the employee to work through the period proposed by the employee, will probably be understood that the employer granted the petition.

Any employer who employs or permits an employee to work during overtime shall pay for every additional hour a salary not less than a time and a half of the wage price agreed for regular hours. However, employees entitled to higher advantages employed previous to the effectiveness of Act No. 4, that is, earlier than Jan. 26, 2017, will preserve them.

The bonus must usually be paid between Nov. 15 and Dec. 15 of every year, subject to a penalty if paid late. The employer may credit score to mentioned bond some other bonus that it had previously paid to the employee in the course of the year for any reason, provided that the employer notified the employee in writing of its intention to credit stated cost to the bonus required by Law. Likewise, the employer can not require the employee to make up for hours not worked, against the employee’s will, without then paying the overtime charges that will apply.