Having a working relationship is something we need to be able to have money in the bank account and use it for day to day. But there are times when that work is not done well and various aspects are breached that end in a disciplinary dismissal.
But What really is a disciplinary dismissal? Why can they fire you under this figure? And what happens then to the worker? All this and some other aspects are what we are going to discuss next.
What is disciplinary dismissal
To begin with, you should know that disciplinary dismissal is included in article 54 of the Workers' Statute. It includes everything related to this way of losing your job, but what is really a disciplinary dismissal?
This is understood as that interruption of an employment relationship between an employee and an employer due to a breach by that first person (the employee or worker) who is qualified as serious and guilty.
In other words, we are talking about a situation that generates a problem on the part of the worker to the company, either to co-workers, bosses or to the image of the company itself.
We can't really say that it is a comfortable situation. In fact, workers who are fired in this way may have problems finding another job since it does not give a good image for their resume (and in fact many hide it so as not to close doors).
Types of disciplinary dismissal
If we analyze a little more carefully article 54 of the ET (Workers' Statute), we will realize that those breaches that apply to the worker and that are considered serious are classified. Among them, you can find the following:
Repeated or unexcused absences
Also here we must include the lateness of the worker. Imagine that you have a company and your workers have to start work at 8 in the morning. But there is one that usually arrives at 8:10 or later. Every day.
That is unpunctuality, and unless you have agreed with your boss or with the company where you can do so, it is a serious and guilty offense typified in the Statute as disciplinary dismissal.
The same would happen if a worker begins to be absent repeatedly or does it without justification (alluding that he has not been able to go to work, leaving before without just cause ...). All of this creates a problem for the company and you can use this tool to terminate the employment relationship.
In short, we find:
- Lack of assistance: when a worker does not go to work. This can happen for the whole day or for a part of it.
- Tardiness: not comply with the established work schedule.
Indiscipline or disobedience
This cause of disciplinary dismissal can be found in article 54.2.b of the ET It is a situation in which the worker does not comply with the orders given to him, or else he replies and disobeys so that the required work is not done.
Now, this has a "small print" and that is that the worker CAN refuse to do something that the employer asks of him when carrying out that activity involves endangering the health or life of the worker; or when it is an abuse by the employer.
Verbal and / or physical offenses
Imagine that you are working with other coworkers and there is one who does not stop insulting, harassing and even comes to blows with others. This situation, in addition to assuming a bad relationship at work, is also the reason for a disciplinary dismissal.
Specifically, it is established that any worker who causes a lack of respect, whether verbal, written, oral, physical ... towards another person (coworkers, employer, bosses, or even relatives of these), legitimizes the company to dismiss the worker under a disciplinary dismissal.
Something that few know is that all these absences do not have to occur in the workplace, but also what happens outside the workplace and at any time, work or not.
Decreased work performance
Imagine that you start working and that, every day, you make 100 products. Is a good mark. But, as time goes by, you get tired, or it bores you, or you just don't want to work as much, and instead of 100, do 50, or 20, or 10. A continuous and voluntary slowdown can also be the cause of disciplinary dismissal.
Of course, when this happens, normally the employers themselves talk with the worker to find out if there is a situation that causes it, and they try to make him productive again, but if there is no just cause, nor interest in the other person, the employer can make the decision to terminate the employment relationship.
State of intoxication and / or drug addiction
There is no doubt that going to work drunk, or drugged, are more than justified causes for the worker to fire you. But they are also included in article 54.2.f of the Workers' Statute.
Now, they can't fire you the first time, in fact, according to the article, there must be a habituality to that state, that is, it occurs several times.
Disciplinary dismissal for workplace harassment
Workplace harassment, or mobbing, can also be sexual harassment. This can come from a co-worker, or even from a boss or employer, and is one of the causes of disciplinary dismissal.
In this case, When a company is notified of a case of workplace harassment, the company must, within a period of sixty days, fire the worker.
Other causes established in the collective agreement
There are companies that have collective agreements and in them other causes or situations that give rise to a disciplinary dismissal can be established.
What happens if there is a disciplinary dismissal
When a company uses disciplinary dismissal to terminate the employment relationship with a worker, it must notify the worker in writing. The document must not only express that you are going to be fired, but also the reasons and facts that are causing this situation.
For its part, the worker can challenge the decision, but he will do it judicially. For this, a period of 20 working days is established to be able to present a "conciliation ballot". Here another person will mediate and can declare the dismissal as:
- Proceeding: if you agree with the employer and the dismissal is maintained.
- Inappropriate: when the worker agrees and it may happen that either he / she returns to the job; or you are paid severance pay (33 days per year worked or, if you have a contract before February 2012, 45 days).
- Null: where the reason is the worker. He recovers his job and can lead to a sanction to the company or the payment of compensation to the worker.