HSEL 6

Question 1

change of employer

Answer 1

legal effect of the transfer of an undertaking or business is the automatic transfer of the employees who belong in that undertaking or business

Question 2

internal flexibility factors (2)

Answer 2

• the extent to which a subject matter is regulated by statute or collective bargaining
• the employer’s ability to change terms and conditions of employment in order to adapt to external or internal changes

Question 3

functional or organizational flexibility

Answer 3

the employer may require the employee to take on tasks that remain within the employees professional group, provided that the latter has adequate training and skills for those tasks

Question 4

substantial modifications (6)

Answer 4

• duration of working time, working hours, and their distribution over the day, week, month or year
  
  • shift work patterns
  • compensation system
  • amount of pay
  • work organization and performance measurement
  • employee functions

Question 5

procedure for individual modifications

Answer 5

explanatory written statement notifying the employee and the employee representatives at least 15 days in advance of the date on which the modification is to take effect

Question 6

procedure for collective modifications

Answer 6

a 15 day period of consultation with the employees’ representatives

Question 7

faced with the employer’s decision modifying her working conditions, the employee may (3)

Answer 7

• accept the decision and continue her employment relationship under the new conditions
• file a suit with the labour court
• terminate the employment relationship with severance compensation of 20 days salary per year of service up to a maximum of 9 months salary

Question 8

geographical mobility allowed when

Answer 8

do not have to change their place of residence

Question 9

procedure for geographical mobility

Answer 9

re basically the same as those for substantial modifications of working conditions (notice people is 30 days)

Question 10

suspension

Answer 10

may be defined as the temporary cessation of the employee’s obligation to work and the employer’s obligation to remunerate, without the contract being terminated, so that at the end of the suspension period the employee is entitled to work and compensation on exactly the same terms as before

Question 11

disciplinary suspension

Answer 11

• employee committed a fault

employee does not earn salary and the employer does no pay social security contributions

Question 12

lay-offs time (2)

Answer 12

• the employees affected will not work for a certain uninterrupted period of time
• it may adopt the form of a reduction in working hours during a period of time

Question 13

adjustments allowed

Answer 13

as a general rule, an employer is statutorily entitled to unilaterally adjust working conditions or introduce minor changes
- must relate to legitimate business interests

Question 14

collective modifications when (3)

Answer 14

1-100
10% of 300
30 of 300+

Question 15

procedures for layoffs (3)

Answer 15

1. notify labour admin.
2. start negations with reprise. max. 15 days
3. notice to employees

Question 16

negotiation with reps (3)

Answer 16

1. number of employees affected
2. duration
3. ways it will be implemented