When is a dismissal considered fair?
When is a dismissal considered fair?
A dismissal is considered appropriate, in labor law, when it meets the legal requirements established for it. The company must be able to support the causes invoked with the law and has followed the established process for such situations. Only two forms of dismissal are considered appropriate: disciplinary and objective. This possibility of declaring a dismissal as fair occurs as a result of the worker having resorted to legal channels in order to challenge the dismissal. The qualification of appropriate will be the task of the judge, who determines this category instead of issuing a verdict of inadmissibility or nullity. The most common causes that can justify a fair dismissal are:
- Objective causes: When there are economic, technical, organizational or production reasons that justify the termination of the employment contract. For example, a business restructuring that requires reducing the workforce.
- Serious and culpable breach of the worker: When the employee has committed serious faults, such as the repeated breach of his labor obligations, abandoning the job without justification, workplace harassment, etc.
The consequence of a dismissal being declared fair is the termination of the contract without the right to compensation or processing wages.
For example, at a company, an employee named Juan has accumulated several unexcused absences and has performed poorly at his job over an extended period of time. The company decides to take action and, after going through the proper process of warnings and disciplinary procedures, decides to fire Juan. The company documents all of Juan’s misconduct and poor performance appropriately.
Related concepts
- Indefinite employment contract.
- Eventual temporary employment contract due to production circumstances.
- Temporary work contract for interim.
- Employment contract for professional practices.
- When is a dismissal considered void?
- When is a dismissal considered unfair?
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Contracts
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- Commercial partner agreement
- Convertible participatory loan
- Receipt of delivery of goods and/or services
- Annexation contract of co-founder or employee with equity
- Statutes of a Limited Liability Company without a Defined Administrative Body
- Statutes of a Limited Liability Company with Joint Administrators or co-Administrators
- Statutes of a Limited Liability Company with a Sole Administrator
- Statutes of a Limited Liability Company with a Board of Directors
- Business plan
- Customer Reference Agreement
- Investment agreement
- Distribution contract
- Computer systems maintenance contract
- Trademark use license agreement
- Agency Contract
- Corporate administration contract
- Contract of carriage of goods
- Commercial commission contract
- Contract for the assignment of patents, utility models and industrial designs
- Leasing contract
- Software Assignment Agreement
- Minutes
- Contract for the provision of business management and management services
- Contract for the trade of stakes
- Commercial order letter
- Joint Venture Agreement
- Mutual NDA or Non-Disclosure Agreement
- Unilateral NDA or Non-Disclosure Agreement
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Dudas legales
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- What is the difference between fortuitous event and force majeure?
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- How is the value of a company usually determined?
- What does it mean to be a «partner» in a company?
- What does it mean for a company to have limited liability?
- What happens if the protection of an industrial property right is not renewed?
- Who can enter into a contract?
- Who can enter into a contract?
- When is a jurisdiction and applicable law clause valid?
- What are the differences between a relationship being labor or commercial?
- How can a contract be enforced against a third party?
- Differences between social statutes and shareholders' agreement
- What does it mean that a contract does not produce any legal effect?
- What happens if an essential clause is missing from a contract?
- What are the particularities of public-private contracting?
- Differences between an agency contract and a commission contract
- What are the differences between lease and sale?
- In the field of commercial law, what is the general interest?
- What could I do if I see that one of the parties has breached the provisions of the contract?
- What are the differences between a Limited Company and a Limited Company?
- Joint and joint and several liability, in what do they differ?
- What is the governing body in a company?
- What is the basis of collective agreements at the labor level?
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- When is a dismissal considered fair?
- What limitations does the principal have on the agent?
- What is a right to repurchase shares or stakes?
- What type of purpose do trademark license assignments usually have?
- What are the modalities of a distribution contract?
- Why is competition important in commercial law?
- What is the difference between a deposit and a guarantee?
- What are the essential aspects of the object of a legal act?
- What is the difference between nullity and annullability?
- What does the expression «not be contrary to the law, morality or public order» mean?
- What are the differences between a real action and a personal action?
- What are the differences between the force majeure clause, rebus sic stantibus and excessive onerousness?
- What differences are there between the concept of force majeure and that of excessive burden?
- Consequences of not including a jurisdiction and applicable law clause in a contract
- Is copyright and intellectual property the same?
- What is the maximum duration of an exclusivity clause in Spain?
- Are exclusivity clause and full dedication clause the same?
- What is financial compensation in an exclusivity clause?
- What is the difference between a termination clause and an early termination clause?
- What is the difference between a public contract and a private one?
- What does it mean to notarize into public deed?
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- What are the differences between a share and a stake?
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Glossary
- Abuse of power
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- Usufruct
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- Startup
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- Capitalization table («Cap Table»)
- Venture capital
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- Opinio iuris
- Ombudsman
- Public deed
- Deposit
- Collective bargaining agreement
- Social capital
- Erga omnes efficacy
- Inter partes efficacy
- Negotiation
- General principles of law
- Sources of law
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- Custom
- Law (Generic concept)
- Legal relationship
- Good faith
- Protective principle in labor law
- Residual price
- Joint ownership
- SWOT analysis
- Businessperson
- Management board
- Preferential acquisition right
- Guarantee
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- Sublease
- Property
- Down payment
- Legal good
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- Annullability
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- Vices of consent
- Dispositive norm
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- Labor law
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- Nullity
- Atypical contract
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- Real action
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- Excessive hardship
- Fruit
- Force majeure
- Related rights
- Employment notice period
- Bad faith
- Mens rea
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- Right of first refusal and withdrawal
- Notary
- Arbitration award
- Arbitrator
- Mediator
- Invoice
- Limited Company
- Public Limited Company
- Dividends
- Ordinary shares
- Preferred shares
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- Jurisprudence
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Clauses