Labour Law Practice Flashcards

Comprehensive vocabulary flashcards covering the core principles of individual and collective labour law, including contract types, dismissal procedures, and collective bargaining.

Labour Law

The part of law that regulates the relationship between the employer and the employee in the context of subordinate work.

Subordinate Work

An employment relationship where the employee is subject to the employer’s managerial right regarding the manner, place, time, or type of work performance ($HOW$, $WHERE$, $WHEN$ & $WHAT$).

Managerial Right

The employer's authority to determine and specify the employee's obligation to provide work for the better organization and operation of the business.

Legal Characterization of a Contract

The process by which a judge defines a contract based on the real facts ($in\,concreto$) under which work is performed, regardless of the label used by the parties.

Principle of Favorability

A legal principle allowing for the improvement of minimum legal working conditions through more favourable provisions in an individual employment contract.

$$Art.\,648\,CC$$

The Civil Code article stating that an employee provides work for a definite or indefinite period while the employer pays the agreed salary.

Employee Liability for Damages

Under $Art.\,652\,CC$, an employee is liable for intentional damages, but liability is distributed or exempt if the damage is caused by negligence.

Secondary Obligations

Additional duties of the employee beyond providing work, such as the obligation of loyalty and confidentiality.

Unilateral Detrimental Change

A modification imposed by the employer without employee consent that results in material or moral damage to the employee.

Legal Wage

The remuneration for work determined by law or by the Collective Labour Agreement ($CLA$).

Agreed Wage

The salary determined based on a specific agreement, which may not be lower than the legal salary.

Remuneration without Work

Claims for wages without providing work under conditions like employer default, garden leave, or annual leave as per $Arts.\,656$ and $657\,CC$.

Severance Pay

A condition for a lawful dismissal in open-ended contracts; it is paid in full for immediate termination and halved if prior notice is given.

$$EFKA$$

The compulsory social insurance that must cover a terminated employee for a dismissal to be initially valid.

Ultima Ratio Principle

A proportionality test stating that dismissal is lawful only when the employer has exhausted all milder means to achieve their legitimate objective.

Defective Dismissal Limitation Period

The timeframe for bringing an action for invalid dismissal, which is $3\,months$, or $6\,months$ if only claiming severance pay.

Collective Autonomy

The right of employee and employer representatives to jointly determine the management of labour interests free from third-party intervention.

Collective Labour Agreement ($CLA$)

An agreement between trade unions and employers determining employment terms, which possesses normative power (direct and mandatory effect).

After-effect

The continuation of $CLA$ terms as conventional terms after the expiration and the $3-month$ extension of its mandatory force.

Strike

The collective temporary abstention of employees from work, governed by $L.\,1264/1982$, to defend collective claims.

Strike Legitimacy Requirement

A strike must be called by a competent body with a vote of $50\,\%$ of financially settled union members and include a $24h$ advance written notification.