Dismissal

The individual employment contract can be terminated as follows:

  1. by rights;
  2. following the agreement of the parties, at the date agreed by them;
  3. as a result of the unilateral will of one of the parties, in the cases and under the conditions stipulated by the law.

Dismissal is the termination of the individual employment contract at the initiative of the employer.

It is forbidden to dismiss the employees:

  1. gender, sexual orientation, genetic characteristics, race, ethnicity, race, color, ethnicity, religion, political option, social origin, disability, family status or responsibility, union membership or activity;
  2. for the exercise, under the law, of the right to strike and trade union rights.

Dismissal for non-employee reasons is the cessation of work by the abolition of the employment occupied by the employee. Abolition of the job must be effective and have a real and serious cause.

Dismissal may be individual or collective.

If you were dismissed and it is not your fault, you are entitled to unemployment and compensation that is provided by law and by the applicable collective labor agreement.

If the employer intends to make collective redundancies, it is required to enter into consultations with the trade union on:

  1. methods and means of avoiding collective redundancies or reducing the number of employees to be made redundant;
  2. mitigating the consequences of dismissal.

If all the conditions are not met and the procedure is not followed, redundancy is hit by absolute nullity.