Disciplinary dismissal is the termination of the employment contract at the will of the employer based on objective causes attributable to the worker.
This termination of the employment contract is caused by the attitude or skills of the worker. For example, not performing the essential functions of regular work, being late, or being disrespectful. The worker has seriously and culpably breached the employment contract.
It is a unilateral decision of the employer, but based on the circumstances of the worker. This termination of the employment contract has various consequences, such as the fact that this type of dismissal is recorded and that the worker is not entitled to receive any compensation for this dismissal.
Causes of disciplinary dismissal
The causes that motivate this termination of the employment contract are derived from the guilt of the worker:
- Drunkenness at work
- Not adapting to the job
- Disobedience to the employer's orders.
- Disrespect whether verbal or physical.
- Decrease in usual work performance.
- Having been the author of workplace harassment.
- Unexcused absences from work.
This disciplinary dismissal must be done in writing by means of a letter stating the reasons and justifying the reason for the dismissal. The date from which this termination of the employment relationship will take effect must be identified.
The employer must bear in mind that he cannot dismiss the worker one year after having been the author of any of the causes that justify this disciplinary dismissal. There is a deadline to exercise this type of dismissal and it will be each country in its labor regulations where it is established.
Disagreement on Disciplinary Dismissal
Disciplinary dismissal usually produces a disagreement on the part of the worker of the decision made by the employer, which gives him the right to appeal this decision before the labor jurisdiction.
The worker will have a deadline to file a lawsuit against the company and later the judge will signal a trial ending the lawsuit with a sentence that will qualify the dismissal again.
The judge can qualify this dismissal in the following ways:
- Unfair dismissal thus satisfying the worker's claims: The consequences will be that the employer will decide if he wants to reinstate the worker or compensate him.
- From giving the reason to the employer.
- Void dismissal: Which would imply that such dismissal never existed because it is void from birth. The consequence of this null dismissal is the immediate reinstatement of the worker.