Causes of dismissal

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The causes of dismissal are those reasons for which an employer terminates the employment relationship with his worker. Said motivations, to be valid before the authority, must be objective.

The causes of dismissal are the circumstances from which a company may decide to dismiss an employee from the organization. If the justification is subjective or not based on reality, the worker can file a claim with the corresponding entity. This entity could be, for example, the ministry of labor.

To better understand what we mean by objective reasons, we can separate them mainly into two, those that have to do with ability, when there is low productivity, and those that are related to behavior, when unacceptable behavior is evidenced by the organization. We will explain this with examples later.

It should also be clarified that each country has different legislation and different entities that are responsible for receiving workers' claims. In addition, the regulations also establish the compensation that would correspond to the dismissed person.

Causes of dismissal due to productivity

The dismissal of a worker can occur because his performance is not what the company expected. This must be demonstrated by the results obtained per employee, and it must be taken into account that there is always a learning period, that is, it would not be justifiable to dismiss a person in two weeks arguing low productivity.

For example, suppose that a bank's risk analyst has frequently been making mistakes when evaluating loan applicants. Then, the financial institution decides to do without its services.

At this point, we could also include cases in which the employee loses some physical capacity that he requires to carry out his work, for example, if he is a pilot who after a car accident loses the mobility of an arm and cannot be repositioned in another position. .

Causes of dismissal for conduct

The company could fire a worker for committing a serious offense, for example, if he has carried out a robbery in the workplace or if he has shared confidential information with the competition.

Likewise, it may be that the worker is found guilty of a crime and sentenced for a fact that was not known to the employer before hiring him, which can lead to dismissal.

Another conduct that could be considered as a cause for dismissal is absenteeism from work. That is, not attending the work center without adequate justification.

Causes of collective dismissal under Spanish law

In Spain, collective dismissal is considered appropriate in the following cases:

  • Economic causes: When the company's results show a negative economic situation. For example, losses in the income statement or a sharp drop in income.
  • Technical causes: When there are changes in the means and instruments of production.
  • Productive causes: When there are changes in demand.
  • Force majeure: When there are situations that, regardless of the situation of the company, require it. Situations such as wars, pandemics, as well as other possible scenarios.
  • Organizational causes: When there are changes in the work systems in the company.

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