Dismissal is the termination of the employment relationship. by unilateral decision of the employer, it is not an agreement between the parties.
In other words, a dismissal is when an employer decides to dispense with the services provided by his employee.
This termination of the employment relationship will always have a qualification. In other words, we will never find ourselves faced with a simple dismissal. It will be qualified and, depending on it, the supporting documents and compensation will be different.
Types of dismissal
The types of layoffs are as follows:
What is it? This termination of the employment contract is caused by the attitude or skills of the worker, for example, not performing the essential functions of the usual job, being late or disrespectful. It is that the worker has breached the employment contract in a serious and culpable manner.
Causes: The causes that motivate this termination of the employment contract are derived from the fault of the worker:
- drunk at work
- Not adapting to the job
- Disobedience to the orders of the employer
- Disrespect, whether verbal or physical
- Decrease in usual work performance
- Having been a perpetrator of workplace harassment
- Absence from work without justification
Compensation: This dismissal does not give the right to compensation.
What is it? this means that the employer decides to end the employment relationship with the employee for reasons of birth, race, sex, religion, opinion or any other condition that is considered discrimination.
Causes: The causes that cause a dismissal to be null are the violation of fundamental rights or discrimination. For example, firing for being Catholic or being from a certain country or firing a pregnant worker because of her status.
Compensation: The employer is obliged to reinstate the worker in the position he usually held or in regular duties. In addition, the employer must pay the wages that the worker has not received while the contract has been terminated. In this case, as the worker is going to be reinstated, he is not entitled to compensation.
What is it? It is qualified as inadmissible based on formal or substantive reasons in the employer’s decision.
- It is inadmissible for substantive reasons -> When it has not been possible to prove the cause used to terminate the employment relationship or when the facts, although they have been proven, are not serious enough for the sanction to be dismissal.
- It is inadmissible for reasons of form -> When the procedure established by law has not been followed to inform and notify the employee of the dismissal, such as, for example, not meeting the deadlines.
Compensation: The employer can decide, when the dismissal has been declared inadmissible, if he wants to compensate or regularly readmit the worker to his job.
In case of reinstatement, the wages that the worker has not received while the termination of the employment relationship has lasted must be paid. And he is returned to his usual post or usual duties.
What is it? It is not based on the will of the breach by the worker, but what motivates this dismissal are objective causes linked to the performance expected by the employer or with the management of the company.
Causes: Ineptitude, lack of adaptation to work, economic, technical, organizational or productive causes.
Compensation: You must compensate the worker. Depending on the State, the amount will vary.
What is it? This termination of the employment contract can be caused by different reasons.
Causes: It can be based both on the circumstances of the worker and on the productive circumstances of the company that make it unsustainable to keep the job.
The important thing to qualify a dismissal as appropriate is that the rules established by labor legislation have been respected, in relation to information to be given to the worker, notice periods, prior consultations and grounds for making the dismissal effective.
Compensation: The worker will have the right to compensation if the appropriate dismissal is the cause of an objective dismissal, never in the case of a disciplinary dismissal.
From the above, we can deduce that a dismissal can belong, at the same time, to more than one of the explained classifications.