Employment Law Case Studies Summary
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ScribdTranslationsEmployment Law Case Studies Summary
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ScribdTranslations1.1 CASE 1 - MR.
RODRÍGUEZ
Mr. Pedro Rodríguez joined the company on August 5, 1998.
through an employment contract, for which a monthly salary of
$450,000 payable in completed fortnights. However, from the first
fortnight, the payment was not made in full, but in ridiculous amounts of $20,000 or
$30,000, noting that the company had no resources to pay and that the
next week I would make the full payment. The previous excuse has been repeated in the
last six months, to the point that he is four pay periods behind,
outside of overtime hours, demanding that they be worked, but never paid.
He has always made excuses for not having resources, for feeling unwell.
economically, either proceeds to pay with bad checks or to offer payments
immediate to then sneak out of the office and not fulfill the payment
promised.
Given such a situation, Mr. Rodríguez and his family find themselves in grave circumstances.
affected, as they have not been able to meet their basic obligations.
Legal problem:
Can an employer pay the salary in installments? Specific question:
One of the employer's obligations is to pay the salary on the dates
agreed upon, and if he does not do so naturally, he is failing to fulfill his obligation, but
such noncompliance constitutes just cause for resignation as long as it is
systematic, that is to say, whenever it becomes the general norm, and that the payment
retarded be representative.
This means that as soon as the agreed period ends, the
The employer must pay the salary to its workers.
Was there abuse of the jus variandi?
R//Si. Article 59 - prohibition to employers. Reduce or withhold or offset.
Add some of the amount for salaries and cash benefits that correspond
to the workers, without prior written authorization from them for each case, or without
judicial mandate.
2 CASE 2 - CODESACOL
Mr. Aristóbulo was linked as a night guard of the entity.
CODESACOL on January 1, 1991, and a contract was never signed. I received
orders of Mr. Carlos Pataquiva, Manager of the company; he was consigning to him
his salary in a savings account at Banco COLNACIÓN every fortnight,
corresponding to the payment for the shifts I personally provided on Tuesdays,
Thursday and Friday between 10 at night and 8 in the morning. June 24th of
1995, CODESACOL dismissed him without settling the labor claims.
arguing that no contract had been celebrated since it did not exist
documentary test.
Legal problem:
Can an employer use the lack of a written employment contract as a shield?
to argue that there was no employment relationship, despite the fact that he
was he canceling his salary?
R//No, since there are always evidences of the payments made by the
employer among other evidence.
Article 1 of decree 617 of 1994. When the contract is verbal, the employer and
The workers must come to an agreement, at least regarding the following
points:
The nature of the work and the site where it was carried out
2. The amount and form of remuneration whether by unit of time, by
work performed, by task, by piece rate or any other, and the periods that
regulate your payment.
3. The duration of the contract
Specific questions:
What can Aristóbulo do to prove that there is an employment contract?
R//
Testimonios: Con el de compañeros y ex compañeros; el de acreedores o
usuarios que frecuentaban el establecimiento ya que fueron 4 años.
Documentary: payroll payment documents, payment certificates to security
social such as EPS, Pension, ARP and parafiscal contributions, some memorandum and certificates
of bank deposits, etc.
Judicial Inspection: Aristóbulo can file a lawsuit and request the Judge to carry out
an inspection of the company's facilities and review of accounting books,
payroll, the job position, etc.
What principles are being violated by Pataquiva's actions?
R//
Principle of rights and guarantees
Principle of protection of work
3.3 CASE 3 - PINK SHOES
Cecilia Vega started working at the entity Pink Shoes through a contract.
fixed term of four months on November 26, 2000, making a
replacement for maternity leave in the Collections Management. The person to
who replaced returned on March 9, 2001 and for that reason was sent to
to work with the Special Processes Advisor of the Legal Vice Presidency,
who requested the extension of their contract. It recounts that on July 14, 2001,
she informed the company that she was pregnant; on August 1
and on October 7 of the same year, he was informed that the company was terminating
the contract on November 25, 2001.
Legal problem:
Can a pregnant woman not have her work contract extended,
despite having promptly notified her state of pregnancy?
No, because during pregnancy and after childbirth you will enjoy special.
assistance and protection of the state. The people who are in a situation of
people with disabilities have the right to receive protection from the state, which includes
to remain in their position regardless of the nature of their contract or its term,
under the concept of reinforced job stability.
Specific question:
What principles are being violated?
R//
Right to maternity leave
Principle of equal opportunities, or non-discrimination in the workplace
Principle of social protection for motherhood
3.4 CASE 4 - WHEELS
Argemiro, Carlos, and Martín are linked to the company Ruedas S.A.
through an indefinite term employment contract; there is in the company the
trade union called National Union of Wheel Workers
S.A. "SINTRARUEDAS", legally established and with Legal Personality number
787 of December 31, 1946.
These are affiliated with SINTRARUEDAS and since the year 1961 the union has
collective agreements celebrated with the company Ruedas
S.A. One of those collective agreements was signed on January 6, 1993,
granting it a validity of two years and from the very moment it was
signed, the company promoted a Benefits Plan applicable to the workers
non-union members and those who resign from the labor union.
The referred plan 'the Collective Pact' contains benefits, aids, and salaries that
they exceed what was agreed upon in the Collective Agreement and their purpose is to achieve that
the affiliated workers resign from the union.
By simply signing the General Benefit Plan, the worker obtains a
salary higher than that earned by workers who are affiliated with the
union members hold the same category, perform the same role and fulfill
identical functions.
The General Benefits Plan has been in effect since June 1994 and the
The Collective Agreement has been in effect since December 1994, that is to say, "the Plan is applied
six months prior to the date on which the convention enters into force
Collective Work.
Legal problem:
Can a collective agreement surpass what has been agreed upon in a convention?
collective for being understood as a "disguised coercion" the resignation to
union?
No, because in the collective agreement they are being unethical by not respecting the
two years of validity of the collective agreement, when presenting the benefits plan
June 1994.
Specific questions:
What principles are being violated? Why?
R//
Principle of equality for workers
Because in the general benefit plan, additional benefits and assistance are offered to
people who are outside the union regardless of whether they have the
same position.
Article 12 (right to appraisal and strike)
Because in the collective agreement, what is ultimately sought is to dissolve the union.
presenting them with a proposal that will not serve them in the long run.
What legitimacy does the Workers' Benefits Plan have?
We believe it is not legitimate because what is sought through this is the
dissolution of the union through a value proposal, it is also known that
the benefits granted by the plan to the workers are for a short period of
time, and that later in case a conflict arises between the
employees and the company do not have an easy way to mediate with
the representatives of the company to reach an established agreement.
What takes precedence, the Collective Agreement or the Benefits Plan?
The collective agreement takes precedence because it represents the workers of
its scope, which can be at the level of the company, category, specific section, of
activities, guilds or trades. Likewise, the unions that affiliate the majority
absolutely of the workers in their area, they also represent the workers
no affiliates in that field.