What to do when you get dismissed?
When it comes to fire an employee, the company needs to accomplish with some formal requirements such as the delivery of the dismissal letter in writing. Therefore, the first step to follow by the employee is to make sure they receive it.
Once they receive it, it is recommended that the employee keep a copy of the dismissal letter and check if both are equal. On the other hand, the employee must check the date written in the letter, because changing the date is a common practice for companies that way you won’t have time to claim. Finally, it should be mentioned that the rejection of the dismissal letter only entails the delay of the same.
Indicate which kind of dismissal is:
We can talk about disciplinary, objective and collective dismissal. Before claiming is necessary to know the type of dismissal in question, because each of them has its different ways of rights and requirements.
Disciplinary dismissal; this happens when there is a serious and culpable breach by the employee
Objective dismissal; this one is extinguished for economic, organizational, technical or production reasons
Collective dismissal; this one takes place when the employment relationships of a certain number of employees within the same company are extinguished for the reasons mentioned above – economic, organizational, technical or production -.
What severance pay corresponds?
The severance pay for objective dismissal is for 20 days of salary for every worked year, with a top of twelve monthly payments. Like this, the severance pay for collective dismissal will be at least twenty days of salary per year worked, with twelve monthly payments as top. By last, it should be mentioned that disciplinary dismissal does not give compensation.
Check the settlement:
The settlement is the document the company gives the employee that includes all the amounts still to be paid (salary of the days of the month where the dismissal is produced, days of the non enjoyed holidays, part of the extraordinary payments accrued, overtime…).
In case that the employee does not agree, he can challenge the dismissal, knowing the deadline for it, which is 20 business days.
The challenge is made through the reconciliation ballot.
Once the claim is filed by the employee, the dismissal can be qualified by the judge as appropriate, inadmissible or void.
We hope that this information has been useful and if you need any clarification about it, do not hesitate to contact us.