by: Dr. Alvaro Peralta Ramos
This synthesis attempts to bring clarity to all workers, as to what law governs the contract of work for blameless accidents and diseases.
As a first step to report that in the event of illness / injury is blameless (ie occurs due to natural consequences), the worker will not lose the right to receive remuneration during the period convalecencia.Ahora well. That law is limited in time. This means that it can not be "suspended" at the time, indefinitely, the employment relationship. Thus the labor contract law in Article 208 establishes the following parameters:
Workers with seniority, receive wages for:
* Less than 5 years: 3 months * More than 5 years: 6 months
In the event that the worker had "family responsibilities" these deadlines are doubled to 6 and 12 months respectively.
is important to note that if the disease would have future effects sue the employer the need for a rest, you can only enjoy leave with pay on the assumption that the effects of the disease broke out after two years. This means that the otherwise come into play the social security system, and the worker would lose the right to pay. It
also highlight that the aforementioned suspension does not alter the employment relationship, maintaining the old case. It is important that the worker be subject to this regime must comply with the obligation to inform their employer of their obligation enfermedad.Esta is designed for the employer to exercise its right of control, and dispatch appropriate medical to "certify" the condition of blameless or not the disease. Failure to comply with this collection, except for special circumstances (severity of illness or physical disability), the worker is excluded from the scheme.
It is possible, very often in the work 'black', that the employer does not have a doctor to perform the Disease Control reported. In that case the employee will fulfill its obligation by providing the employer, through ill-advised (by telegram or letter paper) a medical certificate. In short, the law of employment agreement:
* Suspension with pay * for 3 and 6 months (according to age more or less than 5 years) * for 6 and 12 months (if they had family responsibilities) * required * notify the employer of disease control by the employer
As a first step to report that in the event of illness / injury is blameless (ie occurs due to natural consequences), the worker will not lose the right to receive remuneration during the period convalecencia.Ahora well. That law is limited in time. This means that it can not be "suspended" at the time, indefinitely, the employment relationship. Thus the labor contract law in Article 208 establishes the following parameters:
Workers with seniority, receive wages for:
* Less than 5 years: 3 months * More than 5 years: 6 months
In the event that the worker had "family responsibilities" these deadlines are doubled to 6 and 12 months respectively.
is important to note that if the disease would have future effects sue the employer the need for a rest, you can only enjoy leave with pay on the assumption that the effects of the disease broke out after two years. This means that the otherwise come into play the social security system, and the worker would lose the right to pay. It
also highlight that the aforementioned suspension does not alter the employment relationship, maintaining the old case. It is important that the worker be subject to this regime must comply with the obligation to inform their employer of their obligation enfermedad.Esta is designed for the employer to exercise its right of control, and dispatch appropriate medical to "certify" the condition of blameless or not the disease. Failure to comply with this collection, except for special circumstances (severity of illness or physical disability), the worker is excluded from the scheme.
It is possible, very often in the work 'black', that the employer does not have a doctor to perform the Disease Control reported. In that case the employee will fulfill its obligation by providing the employer, through ill-advised (by telegram or letter paper) a medical certificate. In short, the law of employment agreement:
* Suspension with pay * for 3 and 6 months (according to age more or less than 5 years) * for 6 and 12 months (if they had family responsibilities) * required * notify the employer of disease control by the employer
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