FTC regulated: Yes

Remarks

According to article 49, the employment contract can be: of a determined term, for an indefinite time or for a specific work or service. In the absence of an express term, the duration of the contract shall be understood to be that established by custom or for an indefinite period.
The contract concluded for a specified time may not exceed one year for the workers or five years for the employees, and shall conclude by the expiration of the agreed term.
However, any fixed-time contract is subject to express or tacit extension. It will be in the latter way, due to the fact that the worker continues to provide his services after the expiration of the term, without opposition from the employer. The contract for specific works or services will last until the total execution of the one or until the total provision of the others.

Valid reasons for FTC use: objective and material reasons

Remarks

See above article 49, which provides the possibility for a fixed-term contract for specific work and service.

Maximum number of successive FTCs: no limitation

Remarks

Articles 49 provides that as many renewals are possible might be tacit or expressed, within the maximum duration alloweed by law for fixed-term contracts.

Maximum cumulative duration of successive FTCs: 5year(s)

Maximum probationary (trial) period (in months): 60 day(s)

Remarks

According to articles 58 of Labour Code, it is possible to establish a trial period that will be aimed at the employer, assessing the skills of the worker and, on the part of the latter, verifying the appropriateness of the conditions of the contracted work. This period will have a maximum of the following duration: a) Thirty days for domestic service personnel and unskilled workers; b) Sixty days, for qualified workers or apprentices; and, c) In the case of highly specialized technical workers, the parties may agree on a different period from the previous one, according to the modalities of the contracted work.
In addition, according to article 59 of same Code, if at the end of that, none of the contractors express their express wish to terminate the employment contract, it will continue in force in the agreed form, the trial period must be computed for all legal purposes. In the event of a new contract between the same contractors and for the same type of work, there will be no trial period.

Excluded from protection against dismissal: Yes

Remarks

According to article 60, during the trial period, either party may terminate the employment contract, without incurring any liability. However, workers will enjoy all the payments during this period, with the exception of notice and severance pay.

Obligation to provide reasons to the employee: No

Remarks

Article 93 of Labour Cpde provides that, at the termination of any employment contract, whatever the reason that motivated it, the employer must give the worker free of charge a signed certificate that only expresses: a) The date of initiation and conclusion of the work;
b) The type of work performed; and, c) Salaries accrued during the last payment period.

If the worker requests it, the proof must also express: a) The efficiency and behavior of the worker; and, b) The cause or causes of the termination of the contract.

Valid grounds (justified dismissal):

Prohibited grounds: maternity leave, trade union membership and activities

Remarks

The Labour Code establishes provisions concerning dismissals of trade unions members. Trade Unions must indicate to the employers which members enjoy protection against dismissal, according to article 318.
Likewise, in order to dismiss a worker protected by union stability, accoridng to article 321, the employer shall previously prove judicially the existence of just cause imputed to the worker, or that the invoked condition of leader, manager or candidate is false. Taking into account the seriousness of the facts alleged by the employer, the Judge may preventively suspend the provision of the leader's service, without prejudice to paying the wages and benefits at the end of the demand.

In the same line, article 136 provides that from the moment the employer has been notified of the worker's pregnancy and while the worker enjoys the maternity breaks, the notice and dismissal decided by the employer will be void.

Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave

See above provisions related to articles 136, 318 and 321 of Labour Code.

Notification to the worker to be dismissed: written

Remarks

According to article 93, at the termination of any employment contract, whatever the reason that motivated it, the employer must give the worker free of charge a signed certificate that only expresses: a) The date of initiation and conclusion of the work; b) The type of work performed; and, c) Salaries accrued during the last payment period. If the worker requests it, the proof must also express: a) The efficiency and behavior of the worker; and, b) The cause or causes of the termination of the contract.

Notice period:

Remarks

According to article 87 of Labour Code, in the case of an indefinite-time contract, neither party may terminate it without giving prior notice to the other, except as provided in Articles 81 and 84 of this Code (valid grounds for dismissals), in accordance with the following rules: a) Completed the trial period up to one year of service, thirty days' notice; b) More than one year and up to five years old, forty-five days' notice; c) Over five and up to ten years old, sixty days' notice; and, d) Of more than ten years old and upwards, ninety days' notice.

In the calculation of seniority, prior notice will be understood, if the worker served during that time.

Pay in lieu of notice: Yes

According to article 90, the employer who has not given the notice or gave it without complying with the legal requirements, is obliged to pay the worker an amount equivalent to the workeru00b4s salary during the term of the notice.
In the event that the worker omits this requirement, th worker must pay his employer an amount equivalent to half the salary that corresponds to the end of the notice.

Notification to the public administration: No

There is no obligation to notify the public administration, apart from the situations provided by the law concerning redundancies (Articles 78 (h) Labour Code).
According to article 88, the prior notice might be given through the Administrative Labor Authority, but there is no obligation.

Notification to workers' representatives: No

Approval by public administration or judicial bodies: No

According article 320, in the event of a claim regarding violation of union stability, the Judge shall order as a precautionary measure the immediate reinstatement of the leader in his previous workplace, or the reestablishment of the modified conditions, within forty-eight hours. .

Moreover, according to article 321, to dismiss a worker protected by Union Stability, the employer shall previously prove the existence of just cause imputed to him, or that the invoked condition of leader, manager or candidate is false. Taking into account the seriousness of the facts imputed to the worker, the Judge may order his preventive suspension. In this case, the employer must judicially deposit the worker's salary every month until the resolution or final agreement.

Approval by workers' representatives: No

Definition of collective dismissal (number of employees concerned) There is no statutory definition for collective dismissals. The Labour Code provides regulation for dismissals related to economic reasons and ceasing of activities (Articles 78, subparagraph d, h, g and i, 79 and 80).

Remarks

Article 78 does consider valid grounds for dismissals for economic reasons or ceasing activities the follow subparagraphs: d) The fortuitous event or force majeure that permanently prevents the continuation of the contract; g) The bankruptcy of the employer or the judicial liquidation of the company, except in the event that the trustee, in accordance with the pertinent legal procedures, decides that the business or exploitation must continue; h) The total closure of the company, or the definitive reduction of the tasks, prior written communication to the Administrative Labor Authority, which will give summary participation to the workers before issuing the respective resolution; i) The exhaustion of the subject matter of an extractive industry.

For these cases, articles 79 and 80 provide rules for payment of indemnities in case of dismissal of employees, although it does not make particular reference to collective dismissals. In the case referred by subparagraph (h), the obligation to pay indemnities is only enforced if the employer did not provide the communication to the authorities as required or does not re-employ the same workers in the advent of a new enterprise, according to article 91 of Labour Code.

Notification to the public administration No

Notification to trade union (workers' representatives) Yes

Remarks

See above paragraph (h) of article 78 of Labour Code.

Notification to workers' representatives: No

Approval by trade union (workers' representatives) No

Remarks

Although the paragraph (h) of article 78 mentions a final resolution of Labour Administrative Authorities, there is no indication that an approval is necessary, but only the communication.

Approval by workers' representatives No

Priority rules for collective dismissals (social considerations, age, job tenure) No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...) Yes

Priority rules for re-employment Yes

Remarks

According to article 80 of Labour Code, in the case of total closure of the company, provided for in subparagraph (h) of Article 78, if the employer establishes within the term of a year another similar, by itself or interpositor, is obliged to admit the same workers who previously employed , or failing that, pay them compensation in accordance with the rule established in Article 91 of this Code.

:

Article 91 of Labour Code establishes severance payment in case of termination of employment contract without a valid cause. In the event of dismissal without just cause provided by the employer, having or having not given prior notice, the employer shall pay the worker compensation equivalent to fifteen daily wages for each year of service or fraction of six months, calculated in the form mentioned in subsection b) of Article 92.

Article 92, subparagraph (b) provides that the corresponding compensation will be calculated based on the average of the wages earned by the worker, during the last six months that the contract is in force or a minor fraction of time, if said term had not been adjusted.

: 15 day(s)

: 15 day(s)

: 15 day(s)

: 30 day(s)

: 120 day(s)

: 150 day(s)

: 300 year(s)

: 600 day(s)

:

Article 78 provides subparagraphs with situations that might be considered redundancy: h) The total closure of the company, or the definitive reduction of the tasks, prior written communication to the Administrative Labor Authority, which will give summary participation to the workers before issuing the respective resolution; i) The exhaustion of the subject matter of an extractive industry.

For the cases of subparagraphs (d), (g) and (i), articles 79 (3) and 80 (1) provides that a compensation corresponding to, once the trial period has been completed, up to five years old, with one month's salary; to the one who was more than five to ten years old, with two months of wages, and to the one who had more than ten years of seniority, with three months of wages.

In the cases corresponding subparagraph (h), if the requirements have not been met, the compensation will be paid according to Article 91 (see remarks of severance payment).

: 1 month(s)

: 1 month(s)

: 1 month(s)

: 1 month(s)

: 1 month(s)

: 1 month(s)

: 2 month(s)

: 3 month(s)

mine workers: No

: Yes

Yes

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): According to article 83 of Labour Code, in the fixed term contracts or for a certain work or determined service, the unjustified dismissal arranged before the expiration of the term, or the completion of the work, will entitle the worker to receive compensation, to be fixed by the Judge or respective Court, whose amount may not exceed the value of wages that should have been paid by the employer until the contract is fulfilled.<br/>For all the other cases, including unfair dismissals or challeging of alleged fair dismissals, the Judge shall observe the rules provided by articles 79, 80 and 91 of the same code.

managerial / executive positions: Yes

Reinstatement is available in the cases concerning dismissals of employees who enjoy special protection against dismissals (see articles 94, 136, 318 and 321 of Labour Code).

police: Yes

Article 125 of Labour Code Procedure provides that a first attempt of conciliation must be carried out before the proceedings start, but after the reception of the defendant response to the claims.

Article 34 of Labour Procedure Code provides that The labor judges will be competent to handle: a) Contentious issues arising from the application of the Labor Code or the clauses of the individual contract or the apprenticeship contract, between workers or apprentices and employers; b) The controversies arisen between the pactantes subjects or adherents of a collective contract of conditions of work, with respect to the existence, interpretation or fulfillment of this one; c) The lawsuits on union recognition, promoted between an employer or employer organization and the unions of workers or between these exclusively, in order to celebrate a collective work contract; d) Any conflict between a Union and its affiliates derived from the breach of the bylaws or the collective contract of working conditions; and e) Disputes between workers, motivated by teamwork.

Existing arbitration: Yes

Arbitration clauses might be included in collective bargaining agreements, according to Article 290 (d) and 329 (2) of Labour Code.

Burden of Proof: both

Articles 137 and 138 of Labour Procedure Code.