Dismissal of the employee

This book deals with one of the key issues of labour law: the dismissal of the worker, which is the legal act by which the employer decides to terminate the legal relationship with the worker. The Labour Code only authorised justified dismissal and dismissal with notice among the causes of termination. Justified dismissal requires the existence of grounds that allow the termination measure to be carried out, while notice is a kind of unjustified dismissal that, in certain cases and with certain formalities, authorises the employer to terminate the employment contract, subject to the payment of compensation. Today, flexibilisation policies condescend to a system of unjustified dismissal, given that the employer, faced with a judicial decision against him, after having acted in violation of the law, has the power to reinstate or compensate, which leaves him with the power to keep the worker in the company or to liquidate him, practically at will.

Pagina's: 124, Paperback, Our Knowledge Publishing