Firing an employee is never a dish of good taste and, in fact, even if you’re not happy with a worker’s performance, you’re not always in a willingness to fire him. In fact, on more than one occasion a worker wanted to be fired, and there have been no valid arguments for doing so. Does that mean you can’t fire a worker? Not much less, and then we will tell you the main causes of dismissal from which you can end the relationship witha worker and your company, in a totally legal way.
All of the grounds for dismissal to unemployment shown below are set out in the Workers’ Statute and therefore result in justified dismissal.
What are the causes of dismissal to terminate the relationship with a worker?
When we talk about the causes of dismissal from unemployment, we have to differentiate between two major groups: the disciplinary cases and the objective causes of the dismissal from. The main difference between them is in the compensation that the worker will receive.
If it is a dismissal for disciplinary reasons, no compensation will have to bepaid, beyond the non-prorated portion of the payroll and the days off not enjoyed, while if it is a dismissal on objective grounds, the worker must be paid compensation of 20 days for each year worked.
These are the causes of dismissal from labour reform:
Dismissal from disciplinary causes
Disciplinary dismissal could be carried out when the employee seriously breaches his contract,as well as the rules established by the company. These are some of the main disciplinary causes of dismissal from:
> Lack of job attendance or impunity
Lack of job attendance or repeated impunity are causes of disciplinary dismissal of an employee. In order not to make mistakes, it is best to review the collective agreement of the company, where the days and temporary spaces that must be broken by a job will appear in order to be able to fire you in a manner appropriately.
> Disrespect or aggression
Disrespect and assaults on colleagues or superiors may also result in disciplinary dismissal. However, neither all disrespect nor aggression is worthy of dismissal, so it will depend on the seriousness of the aggression, as well as the circumstances in which it has been carried out.
> Poor working performance
Continued and voluntary poor performance by the worker,provided that he is previously noticed with a minimum of three notices, is also a cause of disciplinary dismissal.
> Visit non-work websites during business hours
The visit of non-work websites during working hours is one of the main causes of dismissalfrom, although it is necessary to analyze each case in a particular way, as well as to have a protocol in the company that marks the guidelines of internet use.
In any of these episodes, the company could dispense with a worker’s services through disciplinary dismissal. It will be necessary to explain the facts in writing, as well as the date of effect of the dismissal, which may not exceed 60 days from the time of knowledge of these faults.
Dismissal from objective causes
The objective grounds for dismissal from are set out in Article 52.2 of the Workers’ Statuteand give rise to an undertaking terminating the employment relationship with an employee.
> Ineptitude or incapacity of the worker
If a worker shows ineptitude or inability to carry out his task, it would be an objective cause of dismissal, regardless of whether or not the worker knew the task before starting his relationship with the company.
> Lack of adaptation
If a worker is deemed not to have adapted correctly to his or her job,company dynamics or colleagues, he or she may be dismissed appropriately. However, it is mandatory to grant a period of two months, as well as the means necessary to facilitate their adaptation.
> Dismissal from economic causes
Dismissal from an employee’s financial reasons could also occur if the company alleges dismissal for economic, technical or organisational reasons,which make it impossible to maintain his or her job. When this happens, the company should be able to demonstrate those reasons.
> Absenteeism at work
Absenteeism could also lead to the dismissal of a worker. With absenteeism we mean that lack of work attendance exceeds 20% of working hours for two months in a row, or 25% for four alternate months, within one year. In this case, it would not matter the faults have been justified by the worker.
In order to make an objective dismissal, the worker must be notified 15 days in advance and explain the objective causes in a letter of dismissal from him, so that he has sufficient time to seek a new job.