The types of dismissal They can be presented by a variety of situations, since non-compliance, problems and more can occur that lead a company or entity to act in this way. This article will highlight the details of this information.
Important aspects in relation to dismissal
types of dismissal
A person who works in a specific company or site may present the situation or case of dismissal. However, it is important to bear in mind that different types of dismissals are highlighted in which the employer reveals the reason for said action, that is, why that decision was resorted to. This is an important point that stands out in the process in general of dismissal issues.
Since this action is carried out by the company, where it is decided to end the service of that person with your entity, then the relationship between them ends, but the terms will depend on the specific case. For this, the types of dismissal are highlighted, being terms very important to know and highlight their characteristics and differences.
In general, the types of dismissals are indicated. Those of disciplinary type is when the worker does not comply with any rule or norm; the types of objective dismissal are those that are given for technical, economic or production reasons which the law allows; collective dismissals is when a file is made in order to maintain a regulation in relation to the given employees.
When a person is laid off, they go through a difficult time, the situation is not the best, since they are unemployed, it is very important that they have the motivation to continue, for this we recommend the motivational quotes
Disciplinary
The company carries out a disciplinary dismissal when its worker does not comply with a standard established in his contract or due to any situation where he is guilty. These types of situations are given and regulated by the statute for workers. According to article 54 of the same, it is highlighted that the dismissal is carried out for a serious cause, such as the following points:
- For not being an obedient worker in his work area
- Constant failures that have not been justified
- Excessive absences
- not be punctual
- Use of bad words or inappropriate physical actions in your work area with your authorities
- Significantly lower performance
- Harassment actions in different situations, which directly relate the case to the company or to part of the people who are in it.
- Get a lot of penalties
Generally, businesses, companies, entities, establish in their contracts or agreements some type of section where they show which are the faults that will lead to a type of sanction or which of them can generate dismissal. Therefore, the worker will be aware of these points from the beginning, when committing any of them, a disciplinary dismissal is immediately presented, since they will be considered as a totally serious cause.
A characteristic point for these types of dismissal, is that disciplinary dismissal can be taken in various ways, whether null, appropriate or inappropriate.
- Proceeding: It is when the reason for the dismissal has been justified. In these cases, the guilt of the person is proven in its entirety.
- Unfair: The worker has various requirements to meet that are established by law, when one of them is not met, an unfair disciplinary dismissal will be exhibited
- Null: A dismissal cannot be carried out due to any type of prejudice against the person, discrimination or others, since the law establishes this type of action as totally prohibited.
These points specifically indicate what disciplinary dismissal is like and what points are taken into account to differentiate it specifically, the most important thing is compensation, that is, when the employer must pay the worker for carrying out a dismissal without any justification. It is a differentiating point.
In the case of the dismissal, compensation should not be paid, since there is a reason for the dismissal compared to the types of unfair dismissal if you require it. And in the case of null, it indicates that the dismissal was not valid because the rights in relation to the worker were not fulfilled. Then a variety of processes must be carried out so that the employee returns to his work, where all the conditions must be presented in the same way as before, as if no inconvenience had occurred, everything normal.
Objective
An objective type dismissal is one that is carried out for various reasons, whether economic, production or other, which are presented in article 52 where they indicate that contracts are terminated for different objective reasons. If a company is not stable economically or in its development in general, it may require reducing its number of personnel, therefore, this would be an objective dismissal.
In the same way as with disciplinary dismissal, it is considered whether these types of dismissal are valid, unfair or invalid. Normally, this information is specified when the same worker acts and takes the case to a legal level out of necessity and from this they will be able to differentiate the way in which that objective dismissal is established.
As an essential point, compensation is detailed, in the case of objective dismissals, they are usually about twenty days of land corresponding to one worker, in a maximum time of one year.
Collective
Amongst the types of dismissal The group that is directly related to the objective dismissal stands out, since a collective dismissal occurs if an influence within the entity is highlighted by the objectives. Which means that a numerical variation occurs with respect to the employees.
Generally, these dismissals occur in a small part of the amount that the company exhibits, often it is usually 10% of the workers, but all this will depend on the amount that the company has. In case of compensation, it happens in the same way as with objective dismissals, they are twenty days of land for a maximum of one year
Just as the types of dismissal highlight differences, certain relationships can be expressed that are necessary to know to really understand what they are and what points stand out for them.
Challenge
Throughout the information it has been highlighted that a dismissal can be due to a variety of reasons, in which the worker may not agree with the action that is carried out. In this type of situation, the worker must challenge it in a legal manner. It is necessary that the challenge be carried out before the maximum established time has elapsed, which is generally about twenty days.
In order for a person to make the challenge, they must use a ballot that is about the conciliation, from this process the legal authorities of the situation will be in charge, the judge will be in charge of presenting the declaration in relation to the dismissal carried out. Then it will be specified if it will be a null, fair or unfair dismissal. When making a decision, the process corresponding to the case will be carried out.
FAQ
As a dismissal can cover a large number of cases, which are not all the same, it is often complex to know the action of the situation or to know if it is correct. For this reason, many doubts are highlighted by people regarding the subject, which must be clarified to avoid confusion and have everything clear to carry out a correct process if any of these situations occur.
Among the most frequently asked questions are the following:
Is there access to unemployment in the event of a dismissal?
Without specifically knowing what type of dismissal it is, it is emphasized that workers are within their right by legal terms to apply for loans due to their situation as unemployed since this may include the accumulation of some contributions, then these will be expressed as corresponding to the same .
When the strike is requested, then the case of dismissal is carried out from the certificate in relation to the company. The employee files a claim against his dismissal, which is done with the conciliation act or with some type of legal sentence, it must detail whether the dismissal is appropriate or if it is inappropriate, since it varies taking this point into account.
In the event that the dismissal is unfair, then it will be taken into account that the company in general will not have a readmission, which can also happen with the worker in the event that he is the person who is chosen as representative of the group of employees.
What kind of formality does a dismissal present?
Layoffs are usually presented after sending a document or verbally. It is recommended to use a material for this type of action since when it is carried out through a conversation it can cause misunderstandings or generate some type of inconvenience. Although this is not the case in all cases, it is not recommended to do it verbally. Therefore, the document must have all the detailed information implied by all the points.
When a dismissal is carried out verbally, it is important to talk in the correct way to avoid all kinds of misunderstandings or generate a problem, we recommend you read about the communication techniques