In our legal system we have different types of dismissal :
Posted: Sun Dec 22, 2024 9:15 am
Termination of an employment contract is the end of the bond between the parties. Both the employee and the employer can terminate the employment relationship.
There are four assumptions that may give rise to the termination of the contract, either by the will of the employer (collective dismissal, for objective reasons, disciplinary reasons, due to force majeure, etc.) by the will of whatsapp australia contact number the employee (resignation, withdrawal, causal termination, etc.) by the will of both parties (mutual agreement, compliance with the term or for the reasons validly stated in the contract, etc.) and finally, termination due to death, severe disability or total or absolute permanent incapacity, retirement.
We are going to focus on the termination of the employment contract at the employer's request, that is, dismissal . It is very important not to confuse the types with the qualification of dismissal.
Disciplinary dismissal
Objective dismissal
Collective dismissal
On the other hand, we have the qualification of the dismissal : justified, unjustified and null. This occurs when the worker claims his dismissal in court and the Judge gives a legal assessment of how the dismissal was carried out and its causes.
In courts and tribunals, it is most common to classify the dismissal as unfair or fair if all formal requirements have been met and the causes are just.
It is difficult for the employee to obtain a dismissal that is void, except in some cases that are clear, such as the dismissal of a pregnant woman or someone on temporary disability; and even then, it is an issue that must be fought for and worked on by legal operators. To obtain the nullity of a dismissal, it is best to go to lawyers specializing in labor law, such as Estudio jurÃdico, who are experts in labor matters.
Causes for unfair dismissal
Unfair dismissal is a particularly serious case that cannot be tolerated by the legal system. It is not considered fair that the contract can be terminated by paying compensation, and therefore, the consequence is reinstatement.
The causes for unfair dismissal can be found in article 55.5 of the Workers' Statute:
Causes of discrimination provided for in the Constitution, the law or that a violation of the fundamental rights and public freedoms of the worker occurs.
Dismissal of specially protected workers , the worker is in a special situation and is placed in a condition of weakness and the legal system wants to protect him. This would be the case of temporary disabilities or in the case of pregnant women, for example.
The consequences of this dismissal are the reinstatement of the worker to his/her job along with the payment of the procedural wages .
However, unfair dismissal occurs when the breach is not proven. Unfair dismissal occurs due to lack of cause, due to formal reasons or any cause for termination that is motivated by an invalid cause. The consequence is that the employer may compensate the employee and the employment contract is terminated, or on the contrary, reinstate him.
We reiterate that the majority of jurisprudence classifies dismissals as unfair, and the sentences declaring the nullity are in the minority. To obtain the nullity, there must be good evidence and, above all, it must be a case that does not give rise to doubts, otherwise the courts usually declare the dismissal as unfair; thus, it is essential to have expert lawyers in the matter.
There are four assumptions that may give rise to the termination of the contract, either by the will of the employer (collective dismissal, for objective reasons, disciplinary reasons, due to force majeure, etc.) by the will of whatsapp australia contact number the employee (resignation, withdrawal, causal termination, etc.) by the will of both parties (mutual agreement, compliance with the term or for the reasons validly stated in the contract, etc.) and finally, termination due to death, severe disability or total or absolute permanent incapacity, retirement.
We are going to focus on the termination of the employment contract at the employer's request, that is, dismissal . It is very important not to confuse the types with the qualification of dismissal.
Disciplinary dismissal
Objective dismissal
Collective dismissal
On the other hand, we have the qualification of the dismissal : justified, unjustified and null. This occurs when the worker claims his dismissal in court and the Judge gives a legal assessment of how the dismissal was carried out and its causes.
In courts and tribunals, it is most common to classify the dismissal as unfair or fair if all formal requirements have been met and the causes are just.
It is difficult for the employee to obtain a dismissal that is void, except in some cases that are clear, such as the dismissal of a pregnant woman or someone on temporary disability; and even then, it is an issue that must be fought for and worked on by legal operators. To obtain the nullity of a dismissal, it is best to go to lawyers specializing in labor law, such as Estudio jurÃdico, who are experts in labor matters.
Causes for unfair dismissal
Unfair dismissal is a particularly serious case that cannot be tolerated by the legal system. It is not considered fair that the contract can be terminated by paying compensation, and therefore, the consequence is reinstatement.
The causes for unfair dismissal can be found in article 55.5 of the Workers' Statute:
Causes of discrimination provided for in the Constitution, the law or that a violation of the fundamental rights and public freedoms of the worker occurs.
Dismissal of specially protected workers , the worker is in a special situation and is placed in a condition of weakness and the legal system wants to protect him. This would be the case of temporary disabilities or in the case of pregnant women, for example.
The consequences of this dismissal are the reinstatement of the worker to his/her job along with the payment of the procedural wages .
However, unfair dismissal occurs when the breach is not proven. Unfair dismissal occurs due to lack of cause, due to formal reasons or any cause for termination that is motivated by an invalid cause. The consequence is that the employer may compensate the employee and the employment contract is terminated, or on the contrary, reinstate him.
We reiterate that the majority of jurisprudence classifies dismissals as unfair, and the sentences declaring the nullity are in the minority. To obtain the nullity, there must be good evidence and, above all, it must be a case that does not give rise to doubts, otherwise the courts usually declare the dismissal as unfair; thus, it is essential to have expert lawyers in the matter.