Understanding Employment Dismissal Types and Legal Procedures

Types of Employment Dismissal

• Collective Dismissal: Involves economic, technical, organizational, or production causes. Workers are entitled to an allowance of 20 days' salary per year of service.
• Objective Dismissal: Based on worker ineptitude, lack of adaptation, elimination of jobs, or absenteeism.
• Disciplinary Dismissal: Termination due to serious and culpable violations by the worker.

Causes for Disciplinary Dismissal

• Repeated unjustified tardiness.
• Indiscipline or disobedience.
• Verbal or physical offenses.
• Voluntary decrease in performance.
• Habitual drug addiction or drunkenness.
• Harassment based on religion, origin, or other protected grounds.

Requirements for Formal Notification

The employer must provide written notice including the facts and the date of dismissal. Valid delivery methods include:

• Duplicate delivery with a signed receipt.
• Delivery in the presence of two witnesses.
• Certified mail with return receipt.
• Notification via an attorney.

Challenging a Dismissal

If an employee disagrees with the termination, they may seek an agreement through a conciliation demand (SMAC) within 20 days.

1. Act of Conciliation

The process results in either an agreement (with compromise) or no agreement (no aviença).

2. Proceedings Before the Labor Court

If no agreement is reached, the employee may file a formal complaint with the labor court.

3. Judicial Rulings

The judge will classify the dismissal as:

• Null: Occurs if the dismissal violates fundamental rights or constitutional protections. The employer must reinstate the worker and pay back wages.
• Fair: The employer's alleged causes are proven.
• Unfair: The employer's causes are not proven. The employer must choose between reinstating the worker or paying compensation.