Lawful dismissal is any dismissal that complies with legality. Below we will review the types of lawful dismissals and also the cases in which a dismissal is considered null or unlawful.
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Types of lawful dismissal
In general terms, they can be classified as:
Disciplinary dismissal: is one that involves inappropriate conduct of the employee in their workplace, which harms the company in a clear and direct manner. It is regulated in art. 54 and 55 of the Workers’ Statute.
For example, causes of disciplinary dismissal are repeated absences or unpunctuality, indiscipline or disobedience at work, repeated verbal or physical offenses to the employer or other employees…
Collective dismissals: in this case, not only is the employment relationship with one employee terminated, but with several. These dismissals are usually carried out through the so-called ERE’s (Employment Regulation Files of Extinction). It is regulated in art. 51 of the Workers’ Statute.
It will become a collective dismissal when the termination of employment contracts based on economic, technical, organizational or production causes when, in a period of ninety days, it affects at least:
- 10 workers, in companies that employ less than 100 workers.
- 10% of the number of workers of the company in those that employ between one hundred and three hundred workers.
- 30 workers in companies that employ more than three hundred workers.
Objective dismissal: It is a type of dismissal in which its causes are regulated by law. It is regulated in art. 52 and 53 of the Workers’ Statute.
For example, some causes of objective dismissal are the worker’s ineptitude known or arising after their effective placement in the company, for absences from work, even justified but intermittent, that reach limits set in the regulations…
Types of dismissal
In addition to the lawful dismissal that we have already discussed, there are other 2 types of dismissal contemplated in the Workers’ Statute:
- Unlawful dismissal: is when the dismissal is executed without reasons justified in the law, whether due to defects in the dismissal procedure or in the very causes that justify it.
- Null dismissal: refers to an invalid dismissal, which cannot be carried out because the worker’s rights and freedoms have been violated (dismissals for discrimination…).
I hope this information is very useful to you ;)