The work contract can be extinguished by unilateral will of the industralist. All extinction of the contract of work by unilateral will of the industralist constitutes a dismissal. The industralist extinguishes the contract of unilateral and extrajudicial form, without needing going to the judge. He is possible to distinguish between the dismissal by personal reasons and the dismissal by inherent causes to the company. The dismissal by personal reasons includes the disciplinary dismissal and the objective dismissal by personal reasons.
First of them one is based on a serious and guilty contractual breach of the worker, and offers the common regime of the protection against the unwarranted dismissal: any extinction without cause of the work contract is led back, from a material and procedural point of view, to the modality of the dismissal; the attack to a fundamental right or public freedom, the invalidity of the same. In the cases of inappropriateness, and unless one is a representative of the workers, the industralist it can choose to re-admit to the worker, or to pay an indemnification to him of forty and five days of wage per year of services, with a maximum of forty and two monthly instalments. In both cases, the industralist will have to pay the procedure wages, that stop perceiving the worker from the date of the extinction to the one of the sentence, but can exonerate itself of the payment of the same if he recognizes the inappropriateness of the dismissal. In the assumption of discrimination or attack to a fundamental right or public freedom, the indemnification is compatible with an additional indemnification by damages and damages. The invalidity entails the obligation to re-admit and to pay the procedure wages. It is a cause of objective dismissal, for example, ineptitude. In such hypotheses, the worker has right to an indemnification of twenty days of wage per year on watch, with a maximum of twelve monthly instalments. The dismissal by inherent circumstances to the company groups the dismissal by deaparicin of the legal personality of the industralist, by greater force, the collective dismissal and the objective dismissal by economic, technical, organizativas causes or of production.
In such cases, worker has right to an indemnification of twenty days of wage pro year on watch, with a maximum of twelve monthly instalments. The collective dismissal affects an important number of workers, and requires an administrative authorization and the simultaneous opening of a period of negotiations with the representatives of the workers. As well, the objective dismissal by economic, technical, organizativas causes or of production can directly carry out it the industralist, without needing asking for an administrative authorization, nor negotiating with the representatives of the workers.
First of them one is based on a serious and guilty contractual breach of the worker, and offers the common regime of the protection against the unwarranted dismissal: any extinction without cause of the work contract is led back, from a material and procedural point of view, to the modality of the dismissal; the attack to a fundamental right or public freedom, the invalidity of the same. In the cases of inappropriateness, and unless one is a representative of the workers, the industralist it can choose to re-admit to the worker, or to pay an indemnification to him of forty and five days of wage per year of services, with a maximum of forty and two monthly instalments. In both cases, the industralist will have to pay the procedure wages, that stop perceiving the worker from the date of the extinction to the one of the sentence, but can exonerate itself of the payment of the same if he recognizes the inappropriateness of the dismissal. In the assumption of discrimination or attack to a fundamental right or public freedom, the indemnification is compatible with an additional indemnification by damages and damages. The invalidity entails the obligation to re-admit and to pay the procedure wages. It is a cause of objective dismissal, for example, ineptitude. In such hypotheses, the worker has right to an indemnification of twenty days of wage per year on watch, with a maximum of twelve monthly instalments. The dismissal by inherent circumstances to the company groups the dismissal by deaparicin of the legal personality of the industralist, by greater force, the collective dismissal and the objective dismissal by economic, technical, organizativas causes or of production.
In such cases, worker has right to an indemnification of twenty days of wage pro year on watch, with a maximum of twelve monthly instalments. The collective dismissal affects an important number of workers, and requires an administrative authorization and the simultaneous opening of a period of negotiations with the representatives of the workers. As well, the objective dismissal by economic, technical, organizativas causes or of production can directly carry out it the industralist, without needing asking for an administrative authorization, nor negotiating with the representatives of the workers.
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