Employee rights in case of disciplinary dismissal

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After receiving the dismissal letter, the employee has the right to challenge the dismissal through legal means. In this regard, employers must prove in a conclusive manner that the person committed the alleged offense.

Although the employee will not be entitled to receive compensation, he or she must be paid the amount of outstanding salary, unpaid vacation or any other benefit to which he or she is entitled.

Objective dismissal
The characteristics of objective dismissal are specified in Article 52 of the Workers' Statute . The employer must allege that the dismissal is due to one of the following legal conditions:

The worker has not been able to adapt to his responsibilities or does not have sufficient skills to do his job.
Organizational, technical, economic or production reasons that lead the company to reduce its staff.
Employee rights in the event of objective dismissal
Contrary to the previous case, if an employee is dismissed objectively, he must receive compensation of 20 days' salary per year of service. Other rights specified in Article 53 are:

The employee must receive a dismissal letter stating the reason for the termination of the contract.
The employee is entitled to a 15-day notice period starting from the moment he or she receives the letter.
The worker has the right to a 6-hour weekly leave to look for a new job.
Every worker has the right to challenge the dismissal based on the reasons stated in the letter and to have legal representation.
Finally, the employee may apply for a company certificate and receive unemployment benefits.
Collective dismissal
Article 51 of the Workers' Statute defines collective dismissal as one in list of new zealand cell phone number which the contracts of several employees are terminated within a period of 90 days. This type of dismissal can only be justified by alleging economic, technical, organizational or production reasons.

According to the law, the following criteria apply to these types of dismissals to determine whether they can be considered collective, depending on the number of people affected:

Ten workers, in companies that employ less than one hundred workers.
Ten percent of the number of employees in companies with between one hundred and three hundred employees on staff.
Thirty workers in companies with more than three hundred workers.
The company must inform the Labour and Social Security Inspectorate that it faces any of the objective reasons mentioned above and is forced to reduce its workforce. The inspectorate will submit a report on the existence of the specified reasons, granting or denying permission to continue with the procedure.

Workers' rights in the event of collective dismissal
In such cases, workers are entitled to compensation and have the right to consult with workers' representatives.

It should be noted that collective dismissals must be subject to advance notice according to the contractual agreement and the company must specify the reason for the termination of the contract. The law establishes that the employer must: