Concept in Definition ABC

The word dismissal is frequently used to refer to the expulsion or removal of a person from employment. The announcement of the closure of the company was accompanied by the dismissal of forty employees.

DismissMeanwhile, it is the formal name with which the action is designated through which an employer unilaterally terminates the hiring of an employee.

The right compared, as the discipline study of Right which is based on the comparison of the different solutions offered by the various legal systems for In the same cases, it presents us with three systems from which a contract of job: free dismissal (the employer is free to fire the worker when he deems it appropriate, even without raising a specific cause), regulated dismissal (The employer has some freedom to dismiss an employee and then in case of doing so he must adhere to some legal duties that guarantee the rights of the worker, such is the case of the settlement of the cause, corresponding notifications, presentation of proof of payment of obligations, among others. This is the most widely used system worldwide) e

work immobility (the worker cannot be fired, the contract ends if the employee resigns or for other reasons of force Major, such as the bankruptcy of the company or the death of the employee; In this system, dismissal is very cumbersome, which turns out to be unfeasible; public administration, it is less frequent to see it in the administration private).

Meanwhile, the effects of the dismissal turn out to be three: dismissal from (is protected by a cause that the law contemplates and is then considered sufficient to carry it out), Unfair dismissal (It is a dismissal without cause or it is not contemplated by law) and void dismissal (in some laws, certain causes of dismissal, such as for example pregnancy, turn out to be null).

Formal termination requirements include: the dismissal letter, which is a written communication announcing to the employee the will to dispense with his services, as well as the date and the cause. And the notice, in some parts of the world, it is obligation, to give effect to the dismissal, to have given a considerable time notice to the employee that his work will be dispensed with.

Also called dismissal is the compensation that a worker is paid when he is fired.

Issues in Dismissal