Decree on firing freeze
Decree No. 9,322, published in Official Gazette No. 40,079 of December 27, 2012 established a firing freeze in favor of the workers of the public and private sectors, from January 1, 2013 to December 31, 2013. By virtue of the foregoing, the workers protected by the Decree may not be dismissed or transferred, nor may their employment conditions be worsened, without a justified cause previously approved by the Labor Inspector’s Office of their jurisdiction, according to article 422 of the Organic Law on Work and Workers.
The breach of the firing freeze prescribed in the Decree will entitle the worker to demand his/her reinstatement before the relevant Labor Inspector’s Office, within thirty (30) calendar days following the dismissal. Also, the Decree expressly establishes that in addition to the salaries accrued and not paid, the dismissed worker may demand payment of the other benefits not received by him/her.
According to the Decree, the fire freeze will protect (i) workers who were hired for an undetermined period of time, after they have rendered services for one (1) month; (ii) workers who were hired for a specific period of time, only during the period for which they were hired; (iii) workers who were hired for a specific work, up to the time when the work is completed.
The fire freeze will not apply to workers of direction and casual or temporary workers. The exclusion of workers who earn salaries exceeding three (3) minimum salaries, included in previous Decrees on this matter, was removed.
The Decree became effective as of January 1, 2013.
In order to access the Resolution, please click here.
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