Differences between objective dismissals and disciplinary dismissals
When a worker is fired, he is assailed by multiple doubts about himself. Not only are we facing a situation with obvious consequences of a personal nature, but it also has important economic consequences.
What kind of dismissal is it? Am I entitled to compensation or not? How can I calculate my compensation?
Well, in the following article we are going to discuss the different types of dismissals that exist in our legal system and which we may be subject to at some point in our working lives.
Depending on the type of dismissal we are faced with, the obligations of the company and our rights will be different, therefore it is essential to know the type of extinction that we have been subjected to.
It is also necessary to highlight that the one who has the last word to determine if the dismissal conforms to some of the causes that we explain in this article are the courts of social jurisdiction , so it is always essential to attend a labor lawyer to inform you of your rights.
Keep in mind that you only have 20 business days to file a claim for your dismissal, so it is essential that you come to advise yourself without delay with a specialist in the field.
Types of layoffs
Here we present the different types of dismissal that a worker may be subjected to and their causes so that it can be considered appropriate or valid, without prejudice to the rights compensation that the employee has and the legal actions that can be launched:
The target dismissal
The contract may be terminated by decision of the employer provided that there is one of the objective causes established in art. 52 of the Workers’ Statute, which are the following:
When there are founded economic, technical, organizational or production causes.
Dismissal for economic reasons
Economic causes will occur when there is a negative economic situation, situations such as the existence of current or expected losses, the persistent decrease in your level of ordinary income or sales, as well as the persistent decrease in revenue or sales for three consecutive quarters in relation to the same quarters of the previous year.
Dismissal for technical reasons
Technical causes when there are changes in the means or instruments of production of sufficient depth.
Dismissal for organizational reasons
Organizational when changes occur, among others, in the scope of the systems and work methods of the personnel or in the way of organizing production.
Dismissal for productive reasons
Productive causes, when there are significant variations in the demand for products or services that the company offers.
Dismissal due to ineptitude of the worker
In your workplace, whether it was known or occurred upon your entry into the company. In practice, it refers to those cases in which the worker, due to certain causes, is not able to perform the functions of his job.
Dismissal due to lack of adaptation of the worker to the technical changes
Due to the worker’s lack of adaptation to the technical modifications that operate in his workplace. It operates in situations in which the worker has been unable to face the novelties of his job despite the fact that the employer has given the necessary courses for him to adapt.
A common example is the implementation of new machinery or programs that require recycling to manage.
Dismissal for lack of attendance at work
For absences from work, even when these have been justified but are intermittent and reach twenty percent of working days in two months consecutive as long as total no-attendance in the preceding twelve months reaches five percent of business days, or twenty-five percent in four discontinuous months within a twelve-month period.
Dismissal due to termination of public plans and programs
Due to the completion of public plans and programsin non-profit entities, when they do not have a stable economic endowment from the public administrations.
Disciplinary dismissal
Disciplinary dismissal: The employment contract may be terminated by unilateral decision of the employee as long as there is a serious and culpable breach by the worker.
It is necessary to highlight that the qualifier “serious” and “guilty” must be observed by the Social Court that hears the dismissal, and the company must be in charge of being able to prove the same. Therefore, not all non-compliance listed in the following points can be understood as sufficient to proceed with a disciplinary dismissal, but each case must be addressed.
The contractual breaches we are talking about refer to the following:
- Repeated and unjustified absences from attendance or punctuality to work.
- Indiscipline or disobedience at work.
- Verbal or physical offenses against the employer or the people who work in the company or the family members who live with them.
- Breach of contractual good faith, as well as a breach of trust in the performance of work. This cause often encompasses a mixed bag where companies include a lot of daily situations, requiring judicial control of them.
- Continuous and voluntary decrease in work performance normal or agreed upon. This performance is given by that which had been habitual for the worker during their employment relationship or had been agreed in the contract, as well as by comparison with the rest of the colleagues in similar positions.
- Habitual drunkenness or drug addiction, as long as they have a negative impact on work.
- Harassment based on racial or ethnic origin, religion or convictions, disability, age or sexual orientation and sexual harassment or gender-based harassment of the employer or people who work in the company.
- Any other breaches that have been established in the applicable Collective Agreement as very serious offences. At this point we must take into account that depending on the sector or company that the Collective Agreement is applicable to, it will include different types of breaches.
Consequences for dismissal
These are the types of dismissals that a worker may be subject to, although it does not imply that they are correct or that they have been carried out with respect to the laws, since this The last point corresponds to the Social Courts, which will be in charge of qualifying the dismissal.
In response to said qualification, the worker will have some rights or others as will be explained in other articles.
05/02/2018
