Disciplinary dismissal

What is a disciplinary dismissal?

A disciplinary dismissal is the termination of employment due to serious breaches by the employee. Such breaches may include, but are not limited to, dereliction of duty, disruption of work procedures, fraud, disclosure of confidential information, or other conduct that is detrimental to the interests of the company or violates the law.

Classification of disciplinary dismissal

Classification of disciplinary dismissal:

• Justified: when the cause for dismissal is justified and meets all legal requirements.
• Unfair : when the cause for dismissal cannot be proven or the legal requirements are not met.
• Null: when the dismissal violates the fundamental rights of the worker, such as those rights related to discrimination based on disability, age or sexual orientation.

Causes for disciplinary dismissal

Disciplinary dismissal may be motivated by various reasons, differentiating between justified dismissal and disciplinary dismissal:

• Fair dismissal : justified by objective reasons such as economic, technical, organizational or production reasons.
• Disciplinary dismissal: based on employee behavior or actions that have a negative impact on the company.

Reasons for disciplinary dismissal

Let’s look at  some reasons for disciplinary dismissal in 2024:

1. Inappropriate behavior: lateness or absence without justification.
2. Failure to comply with work obligations: poor performance, indiscipline or disobedience.
3. Misconduct : physical or verbal aggression towards coworkers.
4. Lack of ethics or integrity : theft, fraud or breach of good faith in a contractual relationship.
5. Habitual consumption of alcohol or drugs: habitual drunkenness or drug addiction that affects job performance.
6. Discriminatory harassment : harassment based on race, religion, belief, disability, age or sexual orientation; or sexual harassment.

Procedure for disciplinary dismissal

Disciplinary dismissal must follow a strict procedure to be considered valid:

• Notification to the worker

The employer must notify the employee immediately of the dismissal, specifying the reasons and providing a written dismissal letter.

• Letter of dismissal

The dismissal letter must include the reasons for the dismissal, the facts justifying it and the effective date. It must be delivered to the employee so that there is proof of receipt.

• Notice period

In the case of disciplinary dismissal, a notice period is generally not mandatory. However, this may vary depending on the applicable collective agreement.

Disciplinary dismissal: worker rights

Workers have certain rights that must be respected even in cases of disciplinary dismissal:

• Right to defense

The employee has the right to present allegations and defend himself against the accusations that led to his dismissal.

• Compensation and settlement

In the case of disciplinary dismissal, the employee is not entitled to compensation unless the dismissal is declared unfair or void.

• Access to unemployment benefits

A worker dismissed for disciplinary reasons may access unemployment benefits if he or she meets the requirements established by law.

Challenging

The employee may challenge disciplinary dismissal if he or she considers it to be unfair or unjustified:

• Unfair dismissal: if the cause for dismissal cannot be proven.
• Unfair dismissal : if the fundamental rights of the worker are violated.

 appeal procedure

The procedure for challenging a l begins with the filing of a claim before the social court. The employee has a period of  20 working days to do so . from the notification of the dismissal to initiate this procedure. It is essential to collect all relevant documentation such as the dismissal letter and any evidence supporting the unfairness or nullity of the dismissal.

Once the claim has been filed, the court will summon the parties to a pre-conciliation meeting. If no agreement is reached, the trial will proceed. During the trial, both parties will present their arguments and evidence.

The judge, after evaluating all the information, will issue a ruling, which may declare the dismissal fair, unfair or void, determining the corresponding consequences for each case.

consequences of a successful challenge

A successful challenge to a  can have several important consequences for the employee.

If the dismissal is declared unfair, the employer must choose between reinstating the worker in his original position, maintaining the same working conditions, or compensating him. Compensation is generally calculated based on the wages lost and the duration of the employment relationship.

In the event that the dismissal is declared void, the employee has the right to be immediately reinstated in his or her job.

In addition, the employee may be entitled to additional taiwan email list  compensation for damages if it is proven that the dismissal violated his or her rights.

Conclusion

l is an extreme measure that must be well justified and meet all legal cash flow statement requirements to be valid. Both employers and employees must be aware of their rights and obligations in order to properly handle these situations.

Some tips to consider:

• Document incidents and communications: Keep a detailed record of all misconduct and inappropriate behavior.
• Follow all legal rules: Make sure that the complies with legal sms To data requirements.
• Explain the reasons for the termination: clearly communicate the reasons for the termination and the employee’s rights and compensation.

Frequently Asked Questions

1. What evidence does the company need to justify

The company must provide clear and documented evidence of serious and culpable breaches by the employee.

2. What consequences does a  have for the employee’s employment history?

A disciplinary dismissal can negatively affect an employee’s employment history and future employment opportunities.

3. What to do if  is considered unfair?

If you believe that the disciplinary dismissal is unfair, you can challenge it by filing a claim with the social court.