The different types of Dismissal

Free dismissal, that practice by which companies could unilaterally decide freely and without the services of their workers with impunity and without consequence, step into history decades ago, admitting now that respond to those reasons layoffs well founded and justified.

Thus, it is possible to speak today of various forms of dismissal: objective and collective discipline, which may in turn result from, improper and void. Here is a brief description of each one of them:

- The objective dismissal is one that takes place under certain grounds assessed by the regulations. For example, inadequate or lack of training of workers for tasks that should make in your job or the company goes through a very delicate moment in its activity, and can not afford to continue keeping the worker on staff.

- The disciplinary dismissal, which is the strongest of all disciplinary action could be taken against a particular worker by his lack of commitment or attitude to the Company. Thus, insults to the Chiefs, widespread absenteeism or performance of work under the influence of alcohol or drugs, endangering other students, could be critical for this mode.

- The redundancies, which is one that affects a plurality of workers because of a drop in activity of the company and is handled administratively through a Record of Employment Regulation (ERE).

As pointed out, any dismissal that might take place in the company could be legally qualified as appropriate, when it took place under the rules laid down and was perfectly motivated, or inappropriate, when the reasons given did not correspond with reality or can not proved insufficient, or if it was carried out without complying with the regulatory procedure set.

A third possible score is zero redundancy. This would be a form of unfair dismissal which also would have been a fundamental breach of the rights of the worker (for example, had been dismissed for trade union office performance for participating in a strike or, in the case a woman for having been pregnant).

Requirements to consider the existence of unfair dismissal or no

To speak of unfair dismissal or zero is entered into it would require three elements:

1 - Firstly, prior to it, you should have found gainful gainfully employed for a particular person or company. In other words, there must be an employment relationship between continued.

2 - Your boss or company had illegally terminate the relationship, such as saying good-bye or forcing your resignation.

3 - There should not have reached normal retirement age.

Consequences of the same

a) In the case of unfair dismissal as qualified by the Court before which the worker claimed his dismissal be considered as illegal, the employer may choose to reinstate the worker, paying the salaries of processing (the forgone from the date of dismissal and the court order); or satisfy liability.

b) In the case of dismissal zero rated, the only option would be to reinstate the worker, facing in all cases to the aforementioned interim wages.



Jose Alberto Espina Andría

www.a-indemnizaciones.com