Employment Termination: Types, Procedures, and Employee Rights
3.0 – Termination of Employment: The end of the employment relationship between employer and employee.
– Expiration of Agreed Time
Temporary contracts end when their term concludes. Features: If the employee continues working after the contract ends, it may be considered an indefinite contract.
– Employee’s Will
An employee can terminate their contract without cause (TISP).
1 – Resignation Without Cause
The worker resigns without cause and must notify the employer with a letter of resignation.
2 – Resignation For Cause
An employee may resign due to: substantive changes affecting their training or dignity, missing or late payments, or breach of contract by the employer. The worker must request contract termination in court. Compensation is stipulated for unfair dismissal.
– Objective Redundancy
The employer may terminate a contract due to: the employee’s ineptitude (known after hiring), lack of adaptation to reasonable changes, or justified absences exceeding 20% of working days in two consecutive months or 25% in four intermittent months over 12 months. Characteristics: The employer must provide 30 days’ written notice, compensation of 20 days per year worked (max 12 monthly payments), and the right to 6 hours per week for job searching. The employee is available in case of disciplinary dismissal.
3.4 – Collective Redundancies: When a company lays off part or all of its staff for technical reasons. Features: Requires an Employment Regulation File (ERE), with compensation of 20 days per year.
– Disciplinary Dismissal
The employer can dismiss an employee for: repeated or unjustified absences, indiscipline, verbal abuse, breach of good faith, intoxication, or harassment. Features: The dismissal must be notified within 60 days of the infraction or 6 months of it being known. It must be notified in writing. Collective agreements may include additional requirements. If the worker is unionized, the employer must hear their representatives.
– The Settlement
The end of the employment relationship is confirmed. If the employee does not agree, they are eligible for: a claim for the full amount, signed and received without the words (PARTS balance). Wages due to date, share of payments, extras, and the proportion of leave not taken.
Objective Causes Dismissal Allowance: 20 days a year (max 12 months). Collective Redundancy: Same. Work or Service: 8 days per year. Indefinite: 45 days (max 42 months).
– Actions in Case of Dismissal
The employee can claim within 20 working days.
– Conciliation
A necessary step to attempt an agreement between the company and the employee. Characteristics: The employee must submit the conciliation request within 20 working days. It can result in: Agreement: which is mandatory. Lack of Agreement: If the worker wants to sue, it is processed in the labor court. Appearance: If the employee does not appear, the case is filed. If the employer does not appear, it is treated as an attempted conciliation.