Disciplinary Dismissal: Legal Grounds and Employee Rights

Disciplinary Dismissal: Definition and Legal Grounds

Disciplinary dismissal is the termination of an employment contract by an employer's decision, motivated by a serious and culpable violation of the employee's obligations.

Common Causes for Disciplinary Dismissal

• Repeated or Unwarranted Tardiness: This includes arriving late or leaving the workplace before the scheduled time.
• Indiscipline or Disobedience: A breach of the duty of care and collaborative work. This includes insubordination and direct clashes with the employer. Employer orders must be obeyed unless compliance involves an abuse of rights.
• Verbal or Physical Offenses: Aggression or battery against the employer, colleagues, or family members living with them. These offenses are grounds for dismissal regardless of whether they occur during working hours or at the workplace.
• Transgression of Contractual Good Faith: A breach of trust, loyalty, and diligence. This includes fraud or negligence in the performance of duties that harms the company's interests.
• Persistent, Voluntary Decrease in Performance: A continued and voluntary reduction in effective work output.
• Intoxication or Substance Abuse: Regular use of alcohol or drugs that adversely affects work activity.

Legal Procedures and Requirements

The company has a period of 60 days to dismiss a worker for very serious offenses from the date it acquires knowledge of the incident, and a maximum of 6 months from the date the offense was committed.

Notification and Rights

• Written Notice: The dismissal must be notified in writing to the worker, clearly stating the facts.
• Union Members: If the employee is a union member, a contradictory file must be opened to allow the worker to present their arguments.
• Invalid Dismissal: If the dismissal does not respect legal requirements, it may be declared void. The employer may issue a new dismissal within 30 days, provided they pay the wages earned during the intervening period.

Settlement and Appeals

The employer must provide a receipt of settlement, which includes:

• Unused vacation days.
• Outstanding wages.
• The proportionate share of extra payments.

Note: Signing the release form signifies acceptance of the dismissal, meaning the employee cannot claim the same position. If the employee is not satisfied, they must file a claim within 20 days from the date of the termination letter notification.