A valid dismissal occurs when the employer terminates the employment relationship unilaterally, with justified legal cause and in compliance with the corresponding legal requirements.
It is worth clarifying that fair dismissal is not a type of dismissal in itself, but rather the qualification that an objective or disciplinary dismissal receives after having been challenged and declared as such by a judge.
That is, the employer can dismiss the employee by carrying out the termination of employment by delivering a dismissal letter with one of the following modalities::
Disciplinary dismissal, based on serious and culpable causes or behavior of the employee.
Objective dismissal, based on the existence of legal causes that affect the business (i.e. economic, technical, organizational, productive causes, lack of adaptation to the position, etc.).
Once the dismissal has materialized through one of the two methods of dismissal mentioned, if the employee considers that the reasons that have been included in the dismissal letter are not real or are not sufficiently justified, or the employer has not complied with all the legal formalities to dismiss him, he may challenge his dismissal.
In that case, it will be the judge who will determine whether the aforementioned dismissal qualifies as:
Fair. The dismissal will be declared appropriate by a judge, when the employer manages to demonstrate that there is a justified legal cause to terminate the employment relationship and that, in addition, the termination of employment has been carried out in compliance with the corresponding legal formalities. In this case:
If the dismissal based on disciplinary reasons is finally classified as appropriate, the employee will not have the right to receive compensation. AND,
If the dismissal based on objective causes is declared appropriate, the employee will have the right to keep the compensation equivalent to 20 days of salary per year of service with a maximum of 12 monthly payments, which was paid to him at the time of notification of the dismissal.
And, in both cases, the employee will have the right to receive unemployment benefit, as long as he or she meets the necessary requirements (i.e. minimum contribution period, etc.).
A correct legal strategy defines success in court. At ORTIZ PALMA ABOGADOS LABORALISTAS we have a high degree of judicial success in objective dismissals, positioning our clients in their best economic scenario.
