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The law also recognizes accidental or joint ventures, which will not have legal personality, and individual limited liability companies (EIRL), which do have legal personality.
For the purposes of Law 122-05 and without prejudice to the above classification, all non-profit associations that undertake their activities in the form of a membership organization shall be considered, in principle and unless they do not expressly provide the contrary, associations of mutual benefit.
The employee keeps the right to his annual vacation, if he has been providing services for more than a year and if he has not taken them. He can also benefit from the proportional scale established by Article 180 of the Labor Code.
The Christmas salary, consisting of one twelfth of the salary earned by the employee in that year, is due from December 20 of the current year.
The participation of the employee in the net benefits of the company, is due beginning 120 days after having closed the commercial year of the company, and if the company obtained profits. This participation is equivalent to 10% of said benefits.
In order to be entitled to the prior notice and the unemployment assistance, it is required to have carried out continuous work for no less than three months.
In the employment contract for an indefinite period, each of the parties may terminate the contract without just cause, respecting the period of notice established by Law. The prior notice, according to article 76 of the Labor Code, must be treated in the following manner:
1º. After a continuous work not less than three months nor more than six, with a minimum of seven days in advance.
2º. After a continuous work that exceeds six months and is not more than one year, with a minimum of fourteen (14) days in advance.
3º. After a year of continuous work, with a minimum of twenty-eight days in advance.
The party that ignores or limits the established period of notice must pay the other party a substitute compensation equivalent to the renumbering that would correspond to the employee during the established periods of time.
The unemployment benefit, on the other hand, must be remunerated, according to article 80 of the Labor Code, in the following manner:
1º. After continuous work no less than three months nor more than six, a sum equal to six days of ordinary salary.
2º. After continuous work not less than six months nor more than one year, a sum equal to thirteen days of ordinary salary.
3º. After continuous work not less than one year nor more than five years, a sum equal to twenty-one days of ordinary salary, for each year of service provided.
4º. After continuous work not less than five years, a sum equal to twenty-three days of ordinary salary, for each year of service provided.