The Labor Contract Law (LCT) does not provide paid leave within foodarts the disease of minor child

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The Labor Contract Law (LCT) does not provide paid leave within foodarts the disease of minor children, or dependents of the dependent. However, there are many collective agreements providing these licenses determining a certain foodarts number of days in the year, justified. Other licenses are granted, but without pay. Thus, the employee loses different incentives in that month as presenteeism. For example, commercial employees are protected in that the rule regulates foodarts its affiliates gives them the ability to justify these faults, implying that they should not discount the presenteeism and the respective awards. Currently, if dependents are not covered by a collective agreement, except in exceptional cases voluntarily the employer foodarts agrees to grant a special permit, they are in the dilemma of choosing between the living and the need to protect and care for their children. In Congress, a project partially approved foodarts Senate seeks to amend section 158 adding subsection f) for sick leave children or dependent parents of dependent. The initiative states that "due to illness or accident of a spouse or the person with whom they were united in marriage apparent under the conditions laid down in this law, son or dependent parents of the employee, up to 2 consecutive days with a maximum 10 days per calendar year. It shall apply as appropriate the provisions of Articles 209 and 210 of the present. " "Many collective agreements regulate and decided to look at this special leave under public order, setting a series of requirements which emphasize the need to prove not only the disease foodarts but the worker or worker is the only family caring of the sick child, "said Hector Alejandro García García study partner, Pérez Boaini & Associates. In this context, foodarts a few days ago, the Justice ruled in favor of an employee who was fired because the company felt it deducted the days he took to care for her younger son got sick-when-despite the agreement the collective amparaba and forced to pay him those days. Constructive foodarts dismissal This time, it was considered the dependent fired after having a series of problems with his superiors. Among them, the problem that caused him to take the day to care for her younger son when he was sick highlighted. So, appeared before Justice to claim the awards for dismissal without cause. The judge first rejected the demand, so he questioned the decision to the Court of Appeals. It argued that the evidence produced, in particular foodarts the statements of witnesses as well as documentary-certified physicians are properly evaluated. The problem arose because, foodarts although foodarts the collective agreement of the activity contemplated these licenses, the clerk he underwent a discount on the salary for the month of May 2008 for alleged "unexcused absence." The subsidiary had submitted the medical certificate testifying to the illness of his youngest son and I recommended rest for four days. In this company, it was common practice to discount days salary, despite the existence of certificates to justify absences. Witnesses remarked that "the foodarts boss had no good relationship with the staff, that workers could not get sick, late, that their children get sick, because it was frowned upon" and added that "for missing foodarts had to warn two hours in advance Check the schedule "and warned that failure" left it at the expense of ordering the top of the department. " foodarts The dependent had only two recorded absences without notice. Currently, there is no rule in the Labor Contract Act to justify this imposition. By contrast, Article 209 says you must give notice "in the course of the first day." The judges said that "it is unreasonable to impose a fixed period a worker to have a disease or of a minor child to stop you attend to work or continue in it." They also indicated that the harsh treatment that the company had to with staff had problems with their health or that of their children were demonstrated, which "clearly was a persecutory behavior," reads the statement. Thus, differences between wage and indemniz