The termination of the employment contract is the culmination of the employment relationship requested by some of the parties involved in the employment relationship, in the event that the responsibilities. Failure to comply with obligations, can occur through various actions that are considered serious, since not all non-compliance requires the dissolution of the employment contract.
The Termination of the working relationship, it can be declared by the head of the company if it is a just cause, therefore, if he requests the termination, he is in the duty to check what are the causes of dismissal before a labor lawsuit and otherwise has the obligation to comply with the worker with the initial agreements of the contract or compensate him with 3 months of salary.
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Termination has immediate effect, since when the boss dismisses an employee, he exposes himself to the responsibilities if the termination is unjustified and in Consequently, the worker takes action by making a complaint and in turn demonstrates that there is no cause to be fired unfairly.
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In this article you will find:
Causes of termination of the employment contract
Among the most important causes, which giveend of an employment contract they find each other:
Extinction during the trial period
Currently, most contracts start with a trial period where the employment relationship can be terminated without the benefit of compensation. In this case, the worker must be well informed when he is going to enter a new job, what will be the test so that you know when the agreed time has passed, in case the company decides not to proceed with the contract.
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Mutual agreement
Another cause that ends the employment relationship is through the mutual agreement of both parties. It may happen that the employee wants to change jobs because a better job offer is presented in another company, that means that if both parties reach an agreement, they will be able to terminate the contract without any drawback.
In this sense, an agreement is made in relation to the settlement and the payment of compensation is not made, which could favor both parties, thus avoiding litigation at the end of the relationship labor.
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Temporary or work and service contracts
Another reason that can end the contract is if it happens that it is carried out for a certain time. In this type of contract there is no compensation for its completion. It can happen that an extension is agreed or also go from temporary to indefinite.
Resignation of the worker
In this case, a notice must be formalized. When the employee takes the initiative to leave the company on his own, he must make a notice that is agreed and signed in the contract in advance. Failure to do so, he will lose the right to pay compensation for terminating the employment relationship.
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Modifications in working conditions and termination due to geographical movement
Here are covered 2 causes where the employee is fully entitled to terminate his contract with due compensation, so that, if they arise radical changes in working conditions or if the company moves to another municipality, then the employee can terminate with compensation included.
How should one act upon termination of the employment contract?
Before the termination of contract the following points should be taken into account:
Review the settlement
It is essential to check if all the concepts corresponding to the completion of the employment contract in the company are included in an adequate way.
Compliant or not compliant
If the employee does not agree with the salary payment paid by the company, it is necessary to sign non-compliant, nor if you are not in agreement. according to the cause of dismissal, therefore, the person who enters a job must fix the statutes very well before signing the contract.
End as cordially as possible
Before the termination of an employment relationship, it is very important to try to end in the best way possible with the company, It is not known if in the future we will have the opportunity to work on it again or if a link will be presented in some way commercial.
Termination of the employment contract for absences
The termination of the contract may be due to justified absences. For the company to carry out this action, it must take into account the monitoring of absences, even if they are justified and that the absences that are within the business staff reach a percentage amount determined.
Regarding the number of absences, even though they are justified, the total must reach 20% within the working days counted in 2 months. The equivalent of absences will be 25% of business days in 4 months, even if they are separated for a year.
In order for the company to terminate the worker's contract with justified absences, it needs these are discontinuous, that is, they are not interrupted and are totally continuous and follow a pattern repetitive.
