Dismissal is the unilateral decision of the employer to terminate a contract or employment relationship. To carry out this action, the employer must have a justified reason. Thus, depending on the causes that produce the dismissal, it is possible to differentiate between three types: dismissal for objective reasons, disciplinary dismissal and collective dismissal. In any of these cases, the dismissal may be qualified by a judge as appropriate, inadmissible or null, depending on how adequate the dismissal is and how justified its causes are.
On the other hand, the dismissal process on certain occasions must meet a series of formal requirements, to be fully effective. These formal requirements may vary depending on the type of dismissal and the collective agreement of each company.
In this sense, one of the most important aspects is the dismissal letter, which must be delivered by hand to the worker in order to inform him of the situation. In the event of an objective dismissal, the employer must meet a notice period of 15 days. However, in a disciplinary dismissal it is not mandatory to notify the worker in advance.
Finally, another relevant issue in the dismissal process is severance pay. The employer must pay compensation to the worker for the dismissal, the amount of which will depend on the type of dismissal and the worker's working conditions (for example, salary or seniority). Likewise, the employer must deliver to the worker the corresponding settlement for wages, vacations and overtime.
After completing the divorce process, the worker and the employer can reach an agreement, or go to court to resolve the dismissal and assess its origin.
