Unit 11 Dismissal PDF

DISMISSAL UNIT 11  THE POWER OF THE EMPLOYER Article 38 C:E. Free enterprise is recognized within the framework of a market economy. The public authorities shall guarantee and protect its exercise and the safeguarding of productivity in accordance with the demands of the economy in gen...

DISMISSAL UNIT 11  THE POWER OF THE EMPLOYER Article 38 C:E. Free enterprise is recognized within the framework of a market economy. The public authorities shall guarantee and protect its exercise and the safeguarding of productivity in accordance with the demands of the economy in general and, as the case may be, of its planning. Art 1.1 WS Workers provide their services "within the scope of organization and management" of an employer. Art. 5.c WS It is a basic duty of the worker to "comply with the orders and instructions of the employer in the regular exercise of his managerial role." Art. 20.1 WS The worker will be obliged to perform the agreed work under the management of the employer or person delegated by the employer" THE POWER OF THE EMPLOYER MANAGEMENT POWER RULE-MAKING POWER CONTROL POWER DISCIPLINARY / SANCTIONING POWER POLICE POWER DISMISSAL COLLECTIVE DISSMISAL OBJECTIVE DISMISSAL DISCIPLINARY DISMISSAL  s COLLECTIVE DISMISSAL Causes o Economic o Technical o Organizational o Production When the termination decision of the employer affects a certain number of workers in a specific and legally established period of time.  OBJECTIVE DISMISSAL Art 52 WS - Ineptitude of the worker known or supervening subsequent to his effective placement in the company. - - Lack of adaptation of the worker to his job and to the necessary technical modifications. - Economic, Technical, Organizational or Production causes  DISCIPLINARY DISMISSAL Art 54 WS (a) Repeated and unjustified failure to attend work or to be on time b) Indiscipline or disobedience at work. c) Verbal or physical offenses against the employer or persons working in the company or family members living with them. d) The transgression of contractual good faith, as well as the abuse of trust in the performance of work. e) Continuous and voluntary decrease in the normal or agreed work performance. f) Regular drunkenness or drug addiction if they have a negative impact on the work. g) Harassment based on racial or ethnic origin, religion or beliefs, disability, age or sexual orientation and sexual harassment or harassment based on sex against the employer or persons working in the company. , No compensation , Yes dole.  CONCILATION ACT The act of conciliation is a prior and compulsory administrative procedure that takes place before the Mediation and Arbitration Service (SMAC) of the Ministry of Labour and Social Affairs. Its main objective is to help the worker and the company reach an amicable agreement to resolve a labour dispute, thus avoiding the need to go to court. The conciliation form is a document that is presented to the SMAC to request the holding of the conciliation proceedings. The worker must specify the facts that give rise to the claim and the specific claim that is requested  In which cases is an act of conciliation held? It is mandatory in the following cases: Dismissal: The worker must present the conciliation paper before being able to sue the company for unfair or null dismissal. Disputing sanctions: The worker must present the conciliation paper before being able to challenge a disciplinary sanction imposed by the company. Claim for payment: The worker must present the conciliation letter before being able to claim the payment of wages, overtime, compensation, etc. from the company. Recognition of rights: The worker must present the conciliation letter before being able to claim recognition of a right from the company, such as professional category or seniority, for example.  How does the conciliation procedure work? Presentation of the conciliation paper: The worker presents the conciliation paper to the SMAC Summons of the parties: The SMAC summons both parties, the worker and the company, to attend the conciliation proceedings on a specific day and at a specific time. Conduct of the proceedings: At the conciliation hearing, both parties have the opportunity to present their claims and to try to reach an agreement. The conciliator, who is an official of the SMAC, acts as a mediator between the parties and helps them to find a mutually satisfactory solution Outcome of the procedure: Settlement: The parties reach an agreement, The conciliation act is an enforceable document, which means that if the company does not comply with what has been agreed, the worker can go directly to enforcement proceedings to demand compliance. Non-agreement: If the parties do not reach an agreement, the employee can go to court.Absence of the company: If the company does not attend the act of conciliation, it is considered to have waived its right to conciliation and the worker can go directly to court.  EFFECTS OF A DISMISSAL FAIR UNFAIR NULL