The dismissal of an employee with an indefinite contract is a complex issue that requires attention and knowledge of labor laws. In this article, we will explore the different circumstances in which it is possible to dismiss an employee, analyzing disciplinary causes, dismissal for just cause, and for economic or organizational reasons. In addition, we will provide information about the employee’s procedures and rights during the dismissal process
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Table of Contents:
When can an employee with an indefinite contract be fired?
The dismissal of an employee with an indefinite contract is a topic of great relevance in the world of work. The reasons that can lead to a decision of this type are many and often complex. First, there are disciplinary causes that may justify dismissal, such as inappropriate behavior, theft, or unjustified absenteeism. In addition, there is dismissal for just cause, which occurs when the employee performs a serious action that significantly violates his contractual duties. Finally, the dismissal may be motivated by economic or organizational reasons, such as the reduction of staff or the restructuring of the company
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The causes of disciplinary dismissal
Disciplinary dismissal causes represent one of the main reasons why an employer may decide to terminate the employment relationship with an employee indefinitely. These causes include inappropriate behavior in the workplace, such as insubordination, violence or threats against colleagues, theft or misappropriation of company assets, and unexcused absenteeism. It is important to emphasize that the employer must follow a legal procedure and respect the adversarial principle, guaranteeing the employee the opportunity to defend himself against the charges before making a final decision to dismiss
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Dismissal for just cause
Dismissal for just cause represents an extreme form of interruption of the employment relationship, as it is based on a serious action committed by the employee who significantly violates his contractual duties. This action may include falsification of documents, disclosure of confidential company information, intentional damage to company property, or serious professional default. However, dismissal for just cause requires an accurate assessment and a thorough investigation, since it must be proven that the employee’s behavior constitutes a substantial violation of the employment contract. The employer must follow the legal procedures, guaranteeing the employee the opportunity to defend himself and present any evidence in his favor
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Dismissal for economic or organizational reasons
Dismissal for economic or organizational reasons represents a situation in which the employer is facing financial challenges or must make significant changes to the company’s structure. These reasons may include reducing staff due to a decrease in business activity, restructuring the company to improve operational efficiency, or closing a department or an entire branch. However, it is important to emphasize that the dismissal for economic or organizational reasons must be based on objective and non-discriminatory criteria. The employer must follow the procedures established by law, such as consulting with employee representatives or offering alternatives such as reducing working hours or transferring to other available positions
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Procedures and employee rights during dismissal
During the process of dismissing an employee with an indefinite contract, it is crucial that the rights and procedures established by law are respected. The employee has the right to be clearly and promptly informed of the reasons for the dismissal and to be involved in any assessment or consultation procedures. In addition, he has the right to present his defense and to be heard before a final decision is made. It is also important that notice times are respected or that adequate severance pay is provided. The employee also has the right to request documentation and to consult an attorney or union for assistance and advice during the dismissal process
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In conclusion, the dismissal of an employee with an indefinite contract is a complex event that requires attention and respect for rights on the part of both the employer and the employee. It is important to follow legal procedures and ensure an adequate assessment of the specific circumstances. With careful and respectful management, the dismissal process can be approached fairly and transparently for
both parties involved.
