Dismissal:
dismissal is one of the reasons why the contract can be terminated work. It is recalled that the dismissal is a valid legal act, a right of the employer and according to the way that dismissal was labor law assigned different responsibilities.
In general terms one can speak of two types of dismissal:
In general terms one can speak of two types of dismissal:
1) dismissal for cause, is decided by the employer as for the failure by the employee of the obligations arising from contracts of employment are such magnitude and gravity that make it impossible to continue the employment relationship.
However, we must understand that some of the principles of labor law is "the continuity of the employment contract", ie that the Act has provided that the employment relationship is maintained over time, so the just cause which is called to extinguish the link has strict formal and substantive requirements to meet in order to achieve the pursued legal effects, among other things, the dismissal must be duly notified, the cause must be of such gravity that prevents continuing the bond, notice of the cause must be served contemporaneously with the making of knowledge by the employer also the cause must be proven by the employer with the means at its disposal etc.
In this case does not create obligations for compensation for the employer limits the same to give the employee his final settlement and employment certificates.
2-The other case of termination of employment is dismissal without just cause. This occurs when the employer unilaterally terminates the relationship Working without invoking a causal fair, in this case included a false cause or causes can not be proven. It is also considered groundless dismissal when the behaviors and attitudes of the employer to his employee is clear that it does not consent to continue the employment relationship, eg abuse
continuous disproportionate penalties, failure to pay compensation etc. beyond that in these cases there will be adequate notice to terminate the labor contract law protects the worker is deemed dismissed without cause and that the behavior of his boss makes him impossible to continue the link. Also this type of dismissal should be duly notified by the caller, and the employee is considered to be fired shall notify as soon as possible as not to report to work (as is the will of the employee when the injuries it becomes impossible to continue employment relationship) can be framed in the figure of "job abandonment."
groundless dismissal results in the heads of damages under Article 245 of the LCT, others as appropriate
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