When an employee disagrees
with the dismissal, may apply to Social Court. The agency finds the
validity, legality and consequences of the dismissal. The Social Court can sort
the dismissals:
·
Improcedentes.
·
Coming.
·
Null.
Wrongful Dismissal
Those dismissals that
do not show the reasons were cited as causes for the employer to
terminate the contract. It is believed that there is no justifiable cause for
dismissal.
It can be solved with a return
to the position and / or compensation of 45 days per year worked.
The company must also pay the amounts that the employee would have received if
it were to continue working as normal until the date of judgment.
Dismissals coming
Are
layoffs in those cases that were tested claimed by the company to dispense with
the services of the worker. Among these may be a breach of employment or hours.
In these cases the employee
is not entitled to reinstatement or in the post or financial compensation. Only
receive amounts from the liquidation of the contract.
Dismissals void
Those
layoffs that violate the Constitution or are caused by discrimination. They
include, for example, cases of racism, marginalization by status or sexual
suffering from a disease.
The employer typically obligated
by the courts to reinstate the employee in his job and pay the money they would
have paid if he had not fired.
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