Dismissal has become a very common action in the daily life of most companies, no matter what type of contract we have today, indefinite, temporary, full-time, part-time. If our boss has to fire us, he will do it regardless of our type of contract.
When faced with a dismissal letter, the first thing we should do is just put “non-compliant” and the date on it. Do not sign a settlement since the judge would understand that the termination of the employment relationship would be accepted.
When we are fired, we have the right to request 33 or 20 days of compensation per year. If the company claimed that the dismissal was disciplinary, it would not provide compensation and in this case it would be the judge who qualifies what type of dismissal it would be.
If the company delivers the dismissal letter without prior notice, it should also pay 15 days of salary since they are obliged to give 15 days' notice. Sometimes the company conditions the payment of compensation to the signing of the settlement, we must flatly refuse. If you do not sign anything, the employer will send us a certified burofax which will have legal validity.
The law establishes a period of 20 days after being fired to be able to claim. After these days, no claim could be made.
The dismissal procedure will necessarily begin with the request for conciliation between the employer and the worker, commonly known as a conciliation ballot, and they will attend an event at the SMAC administration, to reach an agreement, if said agreement is not reached, it will be presented. lawsuit in the social courts.
The judge will issue a ruling in favor of the employer or employee. In the event that the dismissal is classified as unfair, the employer must reinstate the worker or compensate him with the amount that legally corresponds to him. The decision to reinstate will be made by the worker, not by the employer.
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