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When is a dismissal considered void?

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When is a dismissal considered void?

A dismissal is considered void when it is invalid due to serious violations of labor rights, such as discrimination or unjustified retaliation. Here are some examples:

  • Discrimination: If an employee is fired because of their gender, age, race, religion, sexual orientation, disability, or other characteristics protected by law, the termination may be void
  • Retaliation: If a worker is fired for exercising their employment rights, such as filing a complaint about unsafe working conditions or participating in legal union activity, the firing could be void.
  • Pregnancy or maternity: If a worker is dismissed during her pregnancy or maternity period, the dismissal could be void, as this could be seen as a violation of rights related to maternity protection.
  • Medical license: If an employee is fired while on medical license or disabled by illness or injury, the termination may be void due to the protection of the rights of sick or injured workers.
  • Lack of justified cause: The dismissal is considered void when a justified or valid cause cannot be demonstrated for the termination of the employment contract. This may include situations where proper termination procedures have not been followed.
  • Violation of fundamental rights: If an employee is fired due to participation in legal and peaceful activities, such as legitimate strikes, the dismissal could be void.

The nullity implies the reinstatement of the worker with payment of unpaid wages.

For example, Raquel works in a company and recently informed her boss that she is pregnant. Shortly after sharing this news, the company decides to fire her citing poor performance reasons. However, Raquel has a solid work history and had not had performance problems before announcing her pregnancy. In this case, Raquel’s dismissal could be considered void, since there appears to be a connection between her pregnancy and the company’s decision to terminate her employment contract, which violates her maternity protection rights.

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