Dismissal Unit 11

Dismissal Unit 11

• Free enterprise is recognized in market economies. Public authorities ensure its exercise and safeguard productivity, aligning with economic planning.
• Workers provide services within the employer's organizational and management scope.
• Workers are obligated to follow employer orders and instructions during the employer's managerial role.
• Employer powers include rule-making, control, disciplinary/sanctioning, and police power.
• Dismissal types include collective, objective, and disciplinary dismissal.
• Collective dismissal causes include economic, technical, organizational, and production factors. This affects a certain number of workers within a specific, legal time frame.
• Objective dismissal involves worker ineptitude, lack of job adaptation, or economic/technical/organizational/production causes, which is evident after placement.
• Disciplinary dismissal factors include repeated absenteeism, indiscipline/disobedience, verbal/physical offenses towards the company or family members, breach of contract/trust, declining performance, regular drunkenness/addiction, or any form of harassment.
• Conciliation Act: A prior, compulsory administrative procedure before the Mediation and Arbitration Service (SMAC) to resolve disputes amicably, avoiding court.
• A conciliation form details the claim and facts.
• Conciliation is mandatory for dismissal, disputes, payment claims, and right claims (e.g., seniority, professional category).
• Conciliation procedure involves presentation of papers, summons of parties, a hearing where parties present claims, and a conciliator's function as a mediator.
• Settlement results in an enforceable agreement, while disagreement allows parties to proceed to court. Company absence waives its conciliation right.
• Dismissal effects include fair, unfair, null, and void termination.