CAUSES OF DISMISSAL AND CAUSES OF UNFAIR DISMISSAL

CAUSES OF DISMISSAL CONSEQUENCE OF THE ATTITUDE OF THE WORKER

• Access the internet to consult non-work related pages during the workday. This cause has many nuances, so you must be in each case.
• Unexcused and repeated absences of attendance or punctuality to work. Not only the lack of a day or several hours of work must be justified, but also the unpunctuality.
• Trust abuse. For example, it exceeds its functions or gives confidential information to a competitive company.
• Discipline, offenses and disobedience to superiors or other workers. It is different from the abuse of trust, because this is about not obeying or offending. And in the abuse, confidential information is exceeded or given or sold to a competitor.
• Verbal or physical aggressions to peers or superiors. It must be serious, and the circumstances of the specific case must also be taken into account.
• Harassment of other workers and / or superiors for ethnic, religious reasons, because of sex, disability, age, convictions or sexual orientation.
• Drunkenness or drug addiction of the worker. To be a cause of dismissal must have a negative impact on your work.
• Continuous and voluntary decrease in work performance for no reason.

CAUSES OF DISMISSAL REMOVAL OF WORKERS

• For economic, technical, organizational or production reasons, provided it is not considered as collective dismissal.
• Ineptitude of the worker. That is, that the worker has a lack of capacity for the proper performance of his work.
• Lack of adaptation to the job. When after the necessary training, the worker is not able to adapt.
• Lack of assistance to work, even justified. Among other requirements, do not result from general strikes, accidents, illness, vacations or maternity.

DISMISSAL

The dismissal is thus considered, when the causes alleged by the employer exist and are justified by evidence.

UNFAIR DISMISSAL

In this case, two assumptions can be made. The first, the employer does not prove the breach of the worker who caused the dismissal. The second, the dismissal is carried out without complying with the legal requirements.