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Lesson 9: Termination of Labour Contract

Document Citado por Relacionados
Vincent
AutorPilar Núñez-Cortés Contreras
Cargo del AutorProfesora Titular de Área. Universidad Loyola Andalucía
Páginas46-49

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1. Concept of termination of labour contract

Termination of employment contract is the cancellation of the legal relationship between employer and employee. The causes of labour contract extinction are listed in Article 49.1 ES. There are four types of causes for the termination of labour contract (those derived from the will of employer or employee; those derived from mutual agreement of the two parties; those based on reasons beyond the control of the two parties).

2. Termination of the labour contract based on will of the employer

Concept

Dismissal is the termination of labour contract based on will of employer. This employer's decision has to be made according to one of the reasons provided by law (art. 49 ES). There are different kinds of dismissals, some based on the existence of certain objective circumstances (dismissal by objective circumstances) and others based on the capacity of the employer to punish employee's behaviours, which are defined as a breach of labour contract.

The two basic characteristics of dismissals are the following ones:

· It's an unilateral decision of the employer.

· It has to be a justified decision(causal).

3. Disciplinary dismissal: concept and causes

Concept

It is regulated in articles 54 to 57 of ES. It consists of a kind of dismissal in which the employer is authorized to fire the worker as a penalty for serious and wilful breach of obligations.

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Causes

In particular, art. 54.2 ES provides a non closed list of breaches which can be punished by disciplinary dismissal. These breaches are, among others, the following ones:

· Repeated and unexcused absences of attendance and punctuality at work.

· Lack of discipline or disobedience at work .

· Physical or verbal abuse to the employer, to people working in the company or relatives living with them.

· Transgression of contract good faith and breach of trust in work performance.

· Voluntary and continuous decline in work performance. Formal requisites

The disciplinary dismissal must be communicated in written form to the employee. Qualification

The disciplinary dismissal can be qualified by judge as fair, unfair, and invalid.

The disciplinary dismissal is...

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