The Labor Ministry by Ministerial Agreement MDT-2020-286 regulated the special labor agreement for private Higher Education Institutions academic staff:
– Scope: Mandatory implementation to hire academic staff on private Higher Education Institutions.
– Term for Regular Staff: Up to 1 year (continuous or discontinuously) renewable up to 2 years. A 90-day trial period may be agreed.
– Term for Non-Regular Staff: Up to 1 year (continuous or discontinuously). The agreement may be renewed as many times as necessary. A 90-day trial period may be agreed.
– Weekly working day: Up to 40 hours per week, that may be distributed in no more than 6 days a week. A noninterrupted rest of 24 hours per week is guaranteed.
– Special leave regime: The Higher Education Institutions may grant, at the employee´s request, a special leave with or without payment.
If the leave is without payment, the employee is not entitled to labor and social benefits. The employment relationship is suspended; therefore, no seniority will be generated during it.
– Termination of the agreement: The employment relationship ends once the term has concluded, without any other formality.
– Termination for cause: Under Labor Code provisions to terminate an employment relationship with cause, prior Labor Ministry authorization (“Visto Bueno”), the following definitions shall be included:
- Indiscipline: Breach of terms to return in cases of licenses or mobility.
- Ineptitude: If employee obtains results below the minimum for 2 consecutive times or 3 times throughout his/her career. The term for request the Labor Ministry authorization will run from the date on the employer’s decision to separate the employee.
– SUT´s registration: Within a period of 15 days upon its execution.
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