Having a work relationship is something we need to be able to have money in the bank account and use it for day to day. But there are times when that work is not done well and multiple aspects are breached that lead to a disciplinary dismissal.
But, What is truly a disciplinary dismissal? Why can they fire you under this figure? And what happens then with the worker? All this and some other aspects are what we are going to discuss below.
What is disciplinary dismissal?
To begin, you should know that the disciplinary dismissal is included in post 54 of the Employees' Statute. It includes everything related to this dynamic of losing your job, but what is truly a disciplinary firing?
This is understood as that the interruption of a labor relationship between a worker and an employer due to a breach by that first person (the employee or worker) who is qualified as serious and guilty.
In other words, we are talking about a situation that creates an obstacle on the part of the worker to the company, either to co-workers, bosses or to the company's own image.
We really cannot say that it is a comfortable situation. In reality, employees who are fired in this way may have trouble finding another job, since it doesn't look good on their résumé (and many actually hide it so as not to close doors).
Types of disciplinary dismissal
If we analyze post 54 of the ET (Statute of Employees) a little more carefully, we will realize that those breaches that apply to the worker and that are considered serious are classified. Among them, you can find the following:
Repeated or unexcused absences
In addition, here we must include the delay of the worker. Imagine that you have a company and your employees have to start work at 8 in the morning. But there is one that usually arrives at 8:10 or later. Daily.
That is unpunctuality, and unless you have agreed with your boss or the company where you can do it, it consists of a serious and repressed offense typified in the Statute as disciplinary dismissal.
The same would happen if an employee begins to be absent repeatedly or does so without justification (alluding to the fact that he has not been able to go to work, leave earlier without just cause ...). All of this creates an obstacle for the company and you can use this tool to terminate the employment relationship.
In conclusion, we find:
- Lack of assistance: when an employee does not go to work. This can happen all day or part of the day.
- Delay: not comply with the established work schedule.
Indiscipline or disobedience
This cause of disciplinary dismissal can be found in post 54.2.b of the ET It is a situation in which the worker is not enough with the orders that are given, or he responds and disobeys so that the required work is not done.
However, this has a "fine print" and is that the worker MAY refuse to do something that the employer asks him to do when carrying out that activity involves endangering the health or life of the worker; or when it consists of an abuse by the employer.
Verbal and / or physical offenses
Imagine that you find yourself working with other coworkers and there is one who does not stop insulting, harassing and even coming to blows with others. This situation, while assuming a bad employment relationship, is also a reason for disciplinary dismissal.
Specifically, it is defined that any worker who causes a lack of respect, whether verbal, written, oral, physical ... towards another person (coworkers, employer, bosses, or even relatives of these), legitimizes the company to dismiss the worker under a disciplinary dismissal.
Something that few know is that all these absences do not have why to happen in the workplace, but also what happens outside the workplace and at any time, whether work or not.
Reduced work performance
Imagine that you start working and that, every day, you make 100 products. It's a good note. But, as time goes by, you get tired, or bored, or basically you don't intend to work that much, and instead of 100, do 50, or 20, or 10. A continuous and voluntary slowdown can also be the cause of dismissal. disciplinary.
Decidedly, when this happens, the employers themselves regularly talk with the worker to understand if there is a situation that causes it, and they try to make it productive again, but if there is no just cause or interest in the work. another person, the employer can make the decision to terminate the employment relationship.
State of intoxication and / or drug addiction
There is no doubt that going to work drunk, or drugged, are more than just causes for the worker to fire you. But they are also included in post 54.2.f of the Employees Statute.
Now, they can't fire you the first time, actually, according to the post, there must be a habituality to that state, in other words, it occurs several times.
Disciplinary dismissal for workplace harassment
Harassment in the workplace or psychological harassment can also be sexual harassment. This can come from a co-worker, or even from a boss or employer, and is one of the causes of disciplinary dismissal.
In this circumstance, When a company is notified of a case of workplace harassment, the company must, within sixty days, fire the worker.
Other causes established in the collective agreement
There are companies that have collective agreements and can determine other causes or situations that give rise to a disciplinary dismissal.
What if there is a disciplinary dismissal?
When a company resorts to disciplinary dismissal to terminate the employment relationship with an employee, it must notify the worker in writing. The document must not only indicate that you are going to be fired, but also the reasons and facts that are causing this situation.
For its part, the worker can challenge the decision, but he will do it judicially. For this, a period of 20 working days is defined to be able to present a "conciliation ballot". Here another person will mediate and can declare the dismissal as:
- Process: if you agree with the employer and the dismissal is maintained.
- Inadequate: when the worker agrees and it may happen that they return to work; or you are paid severance pay (33 days per year worked or, if you have a contract before February 2012, 45 days).
- Null: where the reason is the worker. You get your job back and it can lead to a sanction to the company or to the payment of compensation to the worker.
