Having a job doesn't mean you can't be fired at any time of the year. In fact, there simply has to be cause and notice so that, in the short term, you go from employed to unemployed. And one of those figures is the so-called objective dismissal.
But what exactly is a dismissal for objective reasons ? What causes can lead to it? And what compensation is involved? If you want to learn more about this type of unilateral dismissal by the employer, we'll explain it below.
What is an objective dismissal
Article 52 of the Workers' Statute addresses the termination of an employment contract for objective reasons, thus empowering the employer to dismiss a worker if they commit any of the acts listed in this article. This dismissal can be unilateral, meaning it is done at the employer's discretion, without the worker being able to refuse at that time.
Of course, you can denounce your dismissal, and it will be a judge who determines whether it has been appropriate or, on the contrary, is null or unfounded.
In short, we can define objective dismissal as one in which the employer can take refuge in order to dismiss workers who are abusing their good faith and do not perform the work properly and based on what is established in the Workers' Statute .
At no point is it thought that the employer will act in bad faith to enforce this employment figure, but it is a tool with which he can manage the human resources he has.
What causes cause an objective dismissal
As stated in article 52 of the ET, the reasons why a company can objectively dismiss a worker are:
- Due to the ineptitude of the worker. Whether this was known or occurred after signing the employment contract.
- Lack of adaptation to the job. Obviously, the company has to give a period of adaptation to the job; and provide you with all the necessary training to learn how to manage your job tasks. But if it still does not adapt, the employer is empowered to terminate the employment relationship.
- For reasons reflected in article 51.1 of the ET. We talk about economic, organizational, production or technical causes. All of them are explained in the article, but it refers above all to changes in the company, either because production drops, because there are economic problems, less labor is needed, etc.
- Insufficient consignment of a contract. In this case, it refers to the signing of a contract that has been financed by the State. Only if the staff has been formalized by a non-profit organization, and they have an indefinite contract, can the figure of objective dismissal be applied.
How it works
In order for an employer, or company, to apply objective dismissal to an employment relationship, it is necessary that the procedure be initiated with a written dismissal letter.
It must state what is the cause that justifies this dismissal, as well as the necessary documentation for the worker in order to assess the performance of the company.
In addition to the dismissal, the worker will receive compensation corresponding to the time spent in the job.
If the worker does not agree with this decision, he can sign the termination notice with a "non-compliant" and note the date. From that moment on, you have 20 business days to claim through the figure of the conciliation ballot.
This dismissal letter must also be taken to the employment office, the SEPE, since it is one of the documents that they will request to process the unemployment benefit, in case they are entitled to it. Now, if the worker has not enjoyed vacations, pending days, etc. you will have to wait for those days to be paid (and for the employer to quote for them) to apply for unemployment.
The objective dismissal is not effective immediately, but there must be a notice of 15 days, time in which the worker himself has 6 hours of paid leave per week to occupy them in the search for a new job. That is, once the cause has been communicated, the worker will continue working for 15 more days, but 6 hours a week will not have to go to work, despite the fact that they will be charged, because those hours are used to search a new job.
What compensation generates
Every objective dismissal is entitled to compensation. Now, we can obtain two different assumptions.
Generally speaking, and provided the dismissal is justified (i.e., it complied with the law), the employee will be entitled to 20 days' salary per year of service . However, there is a maximum of 12 months' salary.
If the worker claims and the objective dismissal is considered to be inadmissible, then two alternatives are given to the employer: o reinstate the worker again, paying him the wages he has not received since the time he was fired; or pay compensation, which in this case will not be 20 days per year worked, but 45/33 days per year worked.
Can an objective dismissal be classified as unfair or null?
The truth is, yes. And the main reason this can happen, which is quite common, is that the company itself, in the dismissal notice, fails to state the reasons for the dismissal. If this occurs, the employee is entitled to disagree with the decision and report the situation so that an independent third party can analyze it and determine whether the company has provided all the necessary documentation to carry out the dismissal.
Otherwise, the worker would receive compensation (or return to his job).
Within the types of dismissals, objective dismissal is perhaps one of the least known, but it does exist, and many companies, when they see that they cannot continue with the situation, make use of it to terminate the employment relationship. Did you know him? Have you ever experienced it in your work relationships? Tell us about your case.