Disciplinary dismissal (definition, types and examples)

The disciplinary dismissal refers to the type of dismissal that an employer can use to interrupt or terminate a contract work that a worker has, in case he has breached or committed a serious infraction magnitude.

To carry out a removal from office or disciplinary dismissal, the level of severity for the offense must be fully justified to that the company can proceed to the labor term and not fall into subsequent lawsuits where it risks the labor settlement becomes inadmissible.

For a company to carry out a disciplinary dismissalIt is your duty to show what are all the faults that the worker has been committing. In case of not being able to verify it, the dismissal will become inadmissible and this will provide strong sanctions to the company and more if the worker makes a formal complaint before a court.

What are the causes of disciplinary dismissal

There are a lot of Justified causes that generate disciplinary dismissal, among the most common are:

• You continue unexcused absences due to attendance or punctuality of work schedules.
• Abusing confidence in job performance, such as mistreating clients or giving internal company information.
• The consumption of alcohol or drugs that negatively influence the development of work activities or the work environment.
• Harassing the employer or colleagues for religious reasons, disability, race, sex, age or sexual orientation.
• For disobedience, indiscipline or verbal or physical offenses to other colleagues in the company.

Disciplinary dismissal qualification

In order for the claim to be admitted, the conciliation attempt must be formalized before the appropriate Mediation, Arbitration and Conciliation Service.

In case the conciliation ends without difficulty, it goes to the judicial system and the judge will be in charge of qualifying the type of dismissal, which can be in three ways:

• Coming from: It refers to when the causes that the employer alleges are proven and the employee will not have the right to compensation.
• Unfair: When the dismissal contains a defect of form or in case of non-compliance by the employee, it does not contain credit in the communication document that is delivered to the employer.
• Null: In this sense, it is motivated by discrimination or that is prohibited by law or in case of violation of the rights and public freedom of the employee. Also during the period of suspension of the employment contract for maternity reasons and for risks during pregnancy or breastfeeding, among others.

Is notice necessary in disciplinary dismissal?

To know if the notice within the disciplinary dismissal, the following should be taken into account:

• In this type of dismissal, it is not necessary to comply with a notice period, but it is important that within the dismissal letter it is left clear until when the worker will provide his services to the company and in some cases other requirements could be specified additional.
• This dismissal must be formally manifested through a written letter to the employee, where it must be clearly indicate the reason without prejudice to other requirements required by the Collective Bargaining Agreement Labor.
• If it is an employee who is the legal representative of the workers or is part of the union delegates, the open a contradictory file, which must be manifested before the affected employee and the other members who It represents. If you are a union member, the company must hold a hearing with the entire union.
• The company must be clear that when the employee commits the serious infraction, he must reflect it in a maximum of 60 days, to through a formal written communication to the employee and be sure if the dismissal verification is appropriate unfair.

Examples of disciplinary dismissal

Although it often happens that the courts do not agree with this type of dismissal, there are innumerable sentences with statements that have disciplinary dismissal procedures such as the examples shown below continuation:

Dismissal for theft

It is due to the dismissal of an employee, who proceeds to steal various products from the company.

In this case, the company that already suspects theft calls the corresponding authorities so that open the clerk's locker and thus confirm that it is there where the gift has been saved. products.

Dismissal for committing fraud in the collection of commissions

It comes from the dismissal of a commercial worker who improperly charges the commissions of the clients that correspond to the company.

Within the sentence, the employee approved the authorization in the computer system to two alleged clients new ones that were actually already on the customer list, for which he received commissions fraudulent.

Dismissal of manager for his bad economic management procedure

This dismissal is related to the transgression of good faith and the breach of trust by a manager, who, due to his bad behavior, compromised and put the financial state of the company at risk.

The manager did not care that the company was a public entity that had to comply with his commitments, especially the annual fulfillment of the redemption of accounts, he did representations on behalf of the company without having the authorization of the Board of Directors and stopped making the payments corresponding to the loans that the entity had contracted.

Dismissal for taking money from the sales of the company's products

It is a disciplinary deposition Due to the wrongdoing of an employee who made sales of the company's products and the amount of some of the sales, he collected them and did not deliver them to the company.

Within the sentence, the employee who made door-to-door sales kept the money generated from the sales of a large number of products. In that case, the company discovered the fraud through another employee, since he went to visit a customer to collect his debt and the customer told him that he had already made the payment to another seller.