By Official Supplement Gazette No. 252 of February 1, 2023, it was published the Organic Reformatory Law to several Laws for the Defense and Guarantee of the Individual and Collective Rights of Employees which amends some articles of the Labor Code, in the following terms:
1. Numeral 25 of Article 42 of the
Code was amended as follows:
In the case of replacements, when the replacing employee returns to
his job, he shall return with the same remuneration he received and
to the same occupation he performed. This return to the initial
working conditions, shall not be considered a reduction in
remuneration nor a change of occupation without consent.
2. Article 57 of the Code was amended
as follows:
By agreement of the parties the ordinary working day must be split
in two parts. The resting time in-between workdays should be of
minimum thirty (30) minutes and maximum of two (2) hours.
3. Article 58 of the Code incorporates the power of the judicial authority to determine the legality of trust functions without the need of a petition by the employee. This implies that in a lawsuit in which the former employee claims the payment of not paid supplementary hours, the judge will have to decide whether or not said employee held trust functions and the corresponding consequences.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
