12/09/2024
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Types of dismissal, how to act?
Have you been fired and don't know what to do? Being fired is one of the most unpleasant experiences in working life...
Have you been fired and don't know what to do? Being fired is one of the most unpleasant experiences in working life.
What types of dismissal are there?
There are several types of dismissal and you have to take them into account to know the reason why you are expelled from the company.
The first is the disciplinary one. This includes some of the causes listed in Article 54 of the Workers' Statute, which are:
Repeated and unjustified absences or lateness 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.
The transgression of contractual good faith, as well as the abuse of trust in the performance of work.
The continued and voluntary decrease in normal or agreed work performance.
Habitual drunkenness or drug addiction negatively impacts work.
Harassment based on racial or ethnic origin, religion or beliefs, disability, age or sexual orientation, and sexual harassment or harassment based on sex against the employer or people working in the company.
For a dismissal to be valid, the employer must state the reason, which must be one or more of the aforementioned grounds. If you, as an employee, wish to challenge this dismissal, you must prove the existence of the alleged grounds in court, as the burden of proof rests with the company.
If you have any questions about this, you can contact us and we'll help you with everything.
Objective dismissal occurs when the company can terminate an employee's contract for economic or production reasons. In this case, the company must provide sufficient evidence to justify the employee's right to compensation of 20 days per year of service.
These are some of the most common, but there are more. If you believe your case is not covered in this article, please contact us and we will advise you.
