Categories
Employment Law

An Summary Of Puerto Rico Employment Law

employment law

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 … Read More

Categories
Employment Law

An Summary Of Puerto Rico Employment Regulation

employment law

Employment Agreement

The NLRB has determined a number of important cases related to the staff’ right to interact in concerted, protected actions. In sum, they have said that the employers’ guidelines of conduct and policies about the usage of social media violate the regulation if they have the effect of interfering with the staff’ proper to have interaction in concerted, protected activities. For example, a rule that has the effect of prohibiting staff from sharing with different workers in the social media their adverse view of their working circumstances would be contrary to the rights guaranteed by the Taft-Hartley Law. This has fostered quite a few controversies and cases in regards to the legality of what would otherwise seem as valid policies and rules of conduct. The National Labor Relations Board was created under the National Labor Relations Act of 1935, as amended by the Taft-Harley Labor Act of 1947 (also referred to as the Labor-Management Relations Act), to administrate the NLRA, the first legislation governing relations between unions and employers in the personal sector. The statute ensures the proper of staff to prepare and to cut price collectively with their employers, and to have interaction in other protected concerted … Read More