The Different Modalities Of Dismissal

Lay off, the practice by which companies could decide free and unilaterally without the services of its workers with total impunity and without any consequences, step to the history several decades ago, currently admitting those dismissals that respond to well founded and justified reasons. Thus, it is possible to speak in our days of various forms of dismissal: objective, disciplinary and collective, which may in turn result from, unfair and null. Let’s look at a brief description of each one of them:-the objective dismissal is one that takes place under certain motifs appraised by the regulations. For example, the inadequacy or lack of preparation of the worker for tasks that need to be done in his job or that the company through a very delicate moment in its activity, and can not afford to continue to keep the worker in template. -Disciplinary dismissal, which is the strongest of all disciplinary measures that could be taken against a particular worker for its lack of commitment or attitude with the company. Thus, insults to the heads, widespread absenteeism or performing the work under the influence of alcohol or drugs, endangering other colleagues, may be decisive for this modality. -The collective dismissal, which is one that affects a plurality of workers because of a fall in the company’s activity and are processed administratively through a record of employment regulation (Ere). As we pointed out, any dismissal that might take place in the company could be qualified judicially as appropriate, when it took place in accordance with the established regulation and was perfectly motivated; or inconvenient, when justifications were not corresponded with reality or not it can demonstrate enough, or if this was conducted without complying with established regulatory procedures.

A third possible rating is dismissal. Would be a form of dismissal which, moreover, an injury would have taken place from the Fundamental rights of the worker (for example, if I would have been fired for their performance of Union duties, for participating in a strike or, in the case of a woman, for having become pregnant). Requirements to consider the existence of an inadmissible or null dismissal to speak of inadmissible or null dismissal would require that relentlessly three elements: 1 – firstly, prior to it, should have found you exercising an occupational activity paid for a certain person or company. In other words, a continuous employment relationship should exist between the two. 2 – Your boss or company due end illegally this relationship, for example saying goodbye to you or forcing your resignation. 3 Yet you should not have reached the ordinary age of retirement. Consequences thereof to) in the case of the qualified dismissal as inadmissible by the Court against which claims the worker as I feel his illegal dismissal, businessman might choose to readmit the worker, paying the salaries of processing (the owed between the date of dismissal and the judicial resolution); or you can meet an indemnity. (b) in the case of dismissal qualified as null, the only possible option would be the reinstatement of the worker, facing in any case cited wages processing. Jose Alberto Andrio Espina original author and source of the article.