CORRIGER LES PAROLES

Paroles : Understanding the opportunities with the Legal Support of Employment

The validity of some proposals for these reforms is questioned by social movements, trade unions, scholars in the legal, tax and social fields, in addition to portions of the population and politicians considered leftists, who perceive possible distortions in the medium and long term in the effects expected by these cuts and adaptations.In practice, as this will happen, only history can reveal to us.It is important to understand that the California AB 5 is a strong shield to protect workers from the misdeeds, abuses and over exploitation by employers, making the relationship more just.

Therefore, labor rights are essential guidelines that seek to balance the links that make up labor relations.After 12 months of work, the employee is entitled to 30 days of vacation, which can be divided into up to three periods the law also determines that at least one of them cannot be less than 14 consecutive days. The rest periods, on the other hand, must be at least 5 calendar days.Vacations must also be paid.

The Guarantee Fund for Time of Service must be collected monthly by the employer. The deposit of 8% of the employee's gross salary is intended to guarantee a cash reserve at times when he is experiencing difficulties, such as dismissal, diagnosis of serious illnesses and other eventualities.

Unemployment Insurance
The worker must receive unemployment insurance in cases of dismissal by the employer. If the employee's resignation is the case, he is not entitled to receive payment.According to the new rules, to request assistance, one must prove 12 months worked for the first request, 9 months worked for the second request; 6 months worked for the third request.

Early Warning
In case of termination of the employment contract, receiving 30 days prior notice is an employee's right. If the contract is terminated by an agreement between employee and employer, one is entitled to receive half the amount of the notice.

If the company does not give prior notice to the employee, the employee is entitled to receive the salary amount that corresponds to the notice period. In case the employee does not give notice to the company, the employee will have discounted the amount corresponding to the period.

Maternity Leave
A worker who is pregnant is entitled to 120 days leave and stability for 5 months after delivery. The law also determines the obligation of the right for women who have children through the adoption process.AB 5 also guarantees other rights such as: rest periods upon presentation of a medical certificate; transfer of function during pregnancy, if necessary due to health conditions; exemption from working hours to do at least 6 medical appointments and exams.

Respect for Employment Rights Improves Employee Productivity
It is important that both companies and employees recognize and understand the importance of legislation. In the Employment Court, it is common for some workers to sue former employers even without having a just reason for doing so which, in addition to being unethical, still hinders the already precarious progress of legal processes.

A healthy work environment is made up of employees who have their rights respected and ensured and are therefore more engaged. On the other hand, if the company fulfills its role of ensuring a healthy organizational climate, respecting and offering growth opportunities to its employees, it also needs to be recognized for that.