What is job termination and what are its causes?

The employment termination It is a legal action that allows a legal relationship to be terminated for a certain cause that is within the law, which is derived from the breach of any of the parties, without this involving responsibility in the part affected.

In labor matters, the rescission action It can be issued by the employer if any of the assumptions is indicated within the law. In the event that any of the causes is met, the employer has the power to terminate the employment relationship.

To perform this procedure, you have to follow the corresponding process, in order to inform the employee what was the cause of the termination and it also has the duty to prepare a document where the proof of this fact is verified.

The labor code facilitates the termination of the employment contract for an indefinite time and in three different ways that are: eviction, dismissal and admission. Dismissal takes place when it becomes part of the knowledge of the employee that the employer has decided to terminate the contract. At that moment is when the legal presumption is presented, until it is proven to the contrary that the dismissal was unfair.

What is the reason for terminating the employment relationship?

The law establishes that the employee or the employer can reach rescind when necessary or at any time during the employment relationship, that means that the employment relationship, but only if it is for a cause that is justified and thus not affect responsibilities.

How can the termination be classified?

The termination classes existing are the following:

Volunteer

It must be complied with and carried out when it is in mutual agreement and consent of the parties.

Judicial

It is given for damage suffered or for patrimonial injury, which provides some consequence that is issued by a judgment of a judicial body. For this to proceed, it is necessary that the termination be declared by means of a judicial body that fails at the request of the interested party.

Fortuitous

This happens as a consequence of circumstances that are totally beyond the will, that is, it is a forced situation where compliance with the Obligation becomes impossible, as is the death of a partner or in the event that an heir does not want to continue with the responsibility of the business. However, in this case there is no termination itself, since the nullity of the contract does not apply, but rather the extinction of the obligation.

What are the causes of employment termination?

The dismissal It is the resolution of the contract that comes from the employer. Depending on the reason, the dismissal must be justified for just cause. These causes that produce a justified dismissal to the employee, who does not have the obligation of an indemnified payment and that there is no type of responsibility on the part of the employer are:

• If the worker lies to the employer with false information about his ability to work.
• If you fail to comply while performing your work duties, this includes dishonesty, an act of violence or mistreatment against the employer, any company personnel, client or supplier, unless it is in defense own.
• If he falls into acts of violence against any of his colleagues and consequently the disciplinary alteration of the workplace occurs.
• If you commit any action outside the service that makes it impossible to have a good working relationship with the employer or with the administrative management staff.
• If he intentionally commits material prejudices during the execution of work activities or against the property and property of the company.
• Occasions serious damage from negligence in the workplace.
• Compromising the security of the establishment by committing some recklessness or unforgivable carelessness.
• Perform immoral acts, harassment or sexual harassment against any of those who work in the company.
• Revealing an industry secret or disclosing a confidential matter that could harm the company.
• Having more than three unexcused absences or without permission from the employer in the period within thirty days.
• Committing disobedience to the employer, without justified excuse that is directly related to the job.
• Refusing to comply with preventive measures or follow the corresponding procedures that prevent illness or accidents.
• If the employee comes to the workplace drunk or under the influence of drugs. If it is a question of the ingestion of some medicine, the patron should be involved and shown the medical indications.
• In the event that there is an enforceable sentence where the employee must go to prison, which will make it impossible to attend his work.

What should the employer do when he decides to end the employment relationship?

The first thing the pattern has to do when end the employment relationship, is to communicate in writing to the worker clearly the conduct or the reasons for the termination with the respective dates of the events committed.

It is very important to call the employee and deliver him in person at the time of dismissal or make the communication to the Conciliation Board and Competent arbitration, to be in charge of making the notification in person, within five business days, once the dismissal.

How should one act in the event of a termination of the employment contract?

In that case, you must act as follows:

Review the settlement

It is extremely important that a review is made to confirm that everything is perfectly included in relation to everything that the company must pay at the end of the employment contract.

To be satisfied or not

It is necessary and important that you sign non-compliant, if you do not agree with the payment made by the company and in the same way If you do not agree with the cause of dismissal, therefore, it is essential that you have knowledge of what is being signing.

Finish in a sociable way

An attempt should be made to be as kind as possible to the company at the end of the employment relationship, since that it could be the case that in the future they work on it again or a relationship also arises commercial.

Termination of an employment relationship without responsibility for the worker

Between the causes of termination of the employment relationship without responsibility for the worker are:

• Deception of the employee by the employer in relation to working conditions.
• If the employer commits any moral fault, an act of violence or mistreatment towards the employee even if he is off duty.
• That the employer reduces the employee's salary or does not make the payments on the agreed dates.
• That the employer puts the safety of the employee or the work area at risk.
• Suffer some malicious damage from the boss or some of his tools.