Can you be made redundant without consultation?

What happens if I do not sign my dismissal

For the calculation of these percentages, the employer will take as a basis the declarations or determinations made for the payment of the Income Tax, regarding the profit sharing of the workers. In addition, the employer will consider the time of service, without making any differentiation with the remuneration or the type of occupation or activity of the worker or former worker who worked during the fiscal year in which the profits were generated.

Dear user, it is the employer’s obligation to notify you by any means if you were dismissed and the employer has the obligation to prepare and register the severance payment certificate and the proof of its payment, within thirty days from the termination of the labor relationship, if you are not paid within this time you may file a complaint for non-payment of the severance payment.

Before June 22, 2020, in the event of emergent reduction, the social security contribution will be paid on a full time basis. From June 22, 2020, in the case of an emergency reduction in accordance with the Humanitarian Law, the Social Security contribution will be paid on the hours actually worked.

What happens if I am fired and I am not notified?

If the employee is dismissed without receiving or invoking any legal cause, he/she may file a judicial claim against the dismissal. This, without prejudice of doing it previously to the Labor Inspection, just as if the notice had been given and the cause had been invoked.

When can an employee be dismissed?

9. – d) Unjustified absence of more than three consecutive days or more than six days in the course of a month; (in force). e) Total or partial breach of the agreement; …. – e) Total or partial breach of the employment contract or of the company’s internal regulations.

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How to cancel a letter of dismissal?

The employee cannot cancel the letter by himself/herself, so he/she can only file a claim in court if he/she does not agree with the grounds expressed in the letter of dismissal.

Dismissal of a dismissal letter

The judiciary is a professional body with a pyramidal structure, consisting of three levels. Judges are appointed after passing a state examination and their professional career depends on the Consiglio Superiore della Magistratura, an administrative body composed of 33 members (the Head of State, the first President of the Supreme Court, the Attorney General, 20 members elected by judges and 10 elected by the Parliament. Generally, there is one judge of first instance, three of second instance and five in the Supreme Court of Cassazione. Recent legislation (law 374 of 1991) provides for minor cases to be dealt with in the first instance by a non-professional judge called “giudice di pace”.

The main types of special employment contracts are: apprenticeship, part-time, solidarity (aimed at helping to maintain employment when the company is going through critical periods), “training”, temporary, domestic work, building caretakers, with temporary employment agencies and contracts for directors (dirigenti).

What happens if I don’t receive the dismissal telegram?

If they do not let you enter and you did not receive anything, the steps to follow are the same: send a telegram (which is free of charge) urging your employer to regularize your situation and let you do your work. … When you receive your telegram, you have to answer it in the same way.

How much notice do you have to be given to fire me?

In objective dismissals, 15 days’ notice by the company is an essential condition, and this is reflected in Article 53 of the Workers’ Statute. Therefore, if you are dismissed from your company for objective causes, you must be notified 15 days before the dismissal.

What are the grounds for dismissal?

The employer may terminate the employment contract without just cause, but he/she has to provide a justified cause for dismissal in the following cases: the employee is not

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Unjustified dismissal

Those of Article 159, Nos. 4, 5 and 6 of the Labor Code, i.e., expiration of the term of the employment contract, conclusion or termination of the work or service that gave rise to the contract, and acts of God or force majeure.

Those of article 160, which correspond to causes attributable to the employee, such as lack of probity, insults made by the employee to the employer, immoral conduct of the employee, failure to attend work without justified cause for two consecutive days in a month or two Mondays in the same period, abandonment of work and serious breach of the obligations of the contract.

This communication must be delivered personally to the employee or sent by registered letter to the address registered in the contract within three working days following the employee’s separation, or six days if the cause is an act of God or force majeure.

What is the severance payment? The settlement is a written document signed by the employee and the employer before a notary public, by which both parties record the termination of the employment contract and the extinction of the obligations arising therefrom, as well as the detail of the payments to be made due to such termination, and other agreements related to the same fact.

What grounds for dismissal do not entitle to severance pay?

Dismissal without severance pay may occur when the employee is guilty of any of the following serious and duly proven causes: 1. … – Factual actions exercised against the employer or any other employee working in the same company.

How long does it take to receive a dismissal telegram?

It usually takes no more than 24 hours for the dismissal telegram to reach its addressee. It may arrive the same day it is sent, if it is dispatched before noon; or the following morning if it is sent in the afternoon.

How long does it take to receive a dismissal telegram from Correo Argentino?

The Telegram Law 23.789 of more than thirty words and the Telegram Law 23.789 of up to thirty words have two delivery attempts with 24 working hours of difference and can be received by any person over 14 years of age who has full capacity to act.

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If I am laid off from my job I have to be paid

The judgment under discussion considers that judicial protection prevents the control of the cause of the agreed collective dismissal from being ruled out when one of the affected persons files an individual lawsuit. The Constitutional Court emphasizes that the legislator has not ruled out this possibility and that the contrary interpretation (assumed by the Supreme Court) is incompatible with constitutional guarantees.

The commented sentence considers that the judicial protection prevents ruling out the control of the cause of the collective dismissal agreed when any of the affected persons files an individual claim. The Constitutional Court emphasizes that the legislator has not ruled out this possibility and that the opposite interpretation (assumed by the Supreme Court) is incompatible with constitutional guarantees.

The study of the STC addresses an interesting and controversial issue, since there is an apparent contradiction between constitutional rights of both individual (judicial protection, labor) and collective (negotiation, freedom of association) scope. In essence, several persons affected by a collective dismissal have filed a lawsuit challenging the termination of their employment contract. The question that arises is whether, in view of the legislation in force in our country, the judicial decisions that impede the audit in individual proceedings of the justifying causes of the collective dismissal (previously agreed) are correct.

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