Dismissal based on objective causes is a unilateral decision by the employer to dismiss an employee based on reasons that directly affect the business. The objective causes may be any of the following:
Due to ineptitude of the employee known or occurring after his incorporation into the company. “Ineptitude” is understood as the lack of ability to adequately carry out an activity, function or job.
Due to the employee's lack of adaptation to technical modifications that occur in his or her workplace, as long as they are reasonable. Previously, the employer must offer the employee a course aimed at facilitating adaptation to the modifications carried out. In any case, dismissal for this reason cannot be carried out until at least two months have elapsed since the modification was introduced or since the training aimed at adapting to the position has ended.
Due to the existence of economic, technical, organizational or production causes:
Economic causes: when the company's results reveal a negative economic situation, in cases such as the existence of current or forecast losses, or the persistent decrease in its level of ordinary income or sales. In any case, it will be understood that the decrease is persistent if for three consecutive quarters the level of ordinary income or sales of each quarter is lower than that registered in the same quarter of the previous year.
Technical causes: when changes occur, among others, in the field of production means or instruments.
Organizational causes: when changes occur, among others, in the area of staff work systems and methods or in the way production is organized.
Productive causes: when changes occur, among others, in the demand for the products or services that the company intends to place on the market.
In the case of indefinite contracts concluded directly by non-profit entities for the execution of specific public plans and programs, without a stable financial endowment, due to the insufficiency of the corresponding allocation for the maintenance of the employment contract.
Dismissal for objective reasons requires the employer to observe three requirements:
The delivery of a dismissal letter that explains the objective causes that led to the termination of employment, as well as the effective date of the aforementioned dismissal.
Simultaneously, the employer must make available to the employee a severance payment equivalent to 20 days of salary per year of service with a maximum of 12 monthly payments.
A 15-day notice period, or failing that, the employee must be paid the salary corresponding to the unfulfilled days of notice.
The employee who considers that the objective causes that have been explained in the dismissal letter are not true or are not sufficiently justified, or that the legal procedure for this type of dismissal has not been observed, has a period of 20 business days, counting from the business day following the effective date of the dismissal, to file a claim for dismissal before the Labor Courts.
Prior to filing the claim, the employee must prove an attempt at administrative conciliation in order to reach an agreement that avoids going to court. And if said agreement is not reached, once the conciliation act is completed, the employee may file the appropriate claim before the Labor Courts, where the controversy will be resolved by holding the corresponding labor trial.
Based on the evidence that both parties present, the Judge will issue a ruling classifying the dismissal as a fair dismissal, unfair dismissal or exceptionally as a null dismissal.
The analysis of the dismissal letter is a very technical and essential job that must be carried out by a lawyer who is an expert in the matter, since it depends on whether or not the Judge determines the unfairness of the dismissal. At ORTIZ PALMA ABOGADOS LABORALISTAS we put at your disposal our knowledge and experience of 20 years of vocation to defend your dismissal and obtain the best economic performance.
