If you are interested in knowing everything about the dismissal for economic reasons, you are in the correct article, where we are going to show you all the details about this, so that you can be aware if you are going through one of these situations. Let's start.
We know that facing dismissal for economic reasons can be complicated, but here we will show you all the details about it.
What is dismissal for economic reasons based on?
El objective dismissal for economic reasons, is that the company decides to dispense with your labor services, as a result of a bad economic time, which may be causing a decrease in production and therefore in the income received, for this reason, it concludes that The best decision is to fire a group of your employees, so that, in this way, they level out and come out afloat in the midst of this difficult situation.
All this is stipulated in the Workers' Statutes, specifically in article 53, in this it talks about dismissals for economic reasons, where it is clearly stated that this type of dismissal must be duly documented in writing and that document must include all the justifications that imply the fact of leaving need of the worker. In this way, you are specifically informed about the termination of your contract.
Of course, even if the reasons for the dismissal are economic that may involve the closure of the company, all the workers who are dismissed must receive their due compensation, since this is a right stipulated in the labor laws, with which they must always comply.
Can the employer appeal or refuse collective dismissal for economic reasons?
As in any type of dismissal that is carried out, employees can appeal or refuse their dismissal, taking the company to the corresponding judicial instances, when this type of procedure is reached, the company must clearly and precisely justify the main causes economic, which implies the suspension of their contract with the worker.
For this reason, if you are a company you should know that a point with which you must comply yes or yes, is with the minimum period of notice, since, in case of not having carried it out, the dismissal can be considered by a judge inadmissible, forcing you to incorporate the employee automatically, for this reason, making the proper communication both orally and in writing where the justification is shown and compensation is guaranteed, within the established period is essential.
Another super important point is that this type of dismissal is not appropriate if it is carried out during periods of maternity, postpartum leave or lactation, so you must pay special attention to this point. Finally, you should know that another reason for the dismissal to be considered null is if in some way the company cannot correctly justify that the causes of the dismissal are economic.
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You should know that regardless of the type of dismissal you can always appeal or refuse it, for that you take your company to court and show all the evidence that leads you to think that the dismissal may be unfair.
How to calculate compensation for dismissal for economic reasons?
Basically, making this type of accounts is quite simple, since it only consists of making the payment to the employee that corresponds to 20 days of work per year of service, if the work time is less than one year, the account would change.
How to make notice of dismissal?
One point that we mentioned earlier that is essential for the dismissal to proceed is to give due notice, with the minimum period of time established. But you may wonder what is the best way to do it?
Firstly, we can say that you must rely on your human resources team, they must be in charge of making the respective communication of the dismissal verbally to the workers who are going to have a job done. dismissal due to company closure for economic reasons.
Making it very clear that you are not dispensing with your labor services for reasons other than the economic downturn that the company is going through, it has nothing to do with your performance as an employee or your professional knowledge, but rather it is a measure That to some extent is out of your control. For this reason, you must have an empathetic tone, but at the same time be very precise.
Similarly, you should talk to your HR team to pay special attention to all the concerns that the worker may have, with the intention that misunderstandings or unwanted inconveniences do not arise.
We know that everything that involves dismissal for economic reasons can bring personal inconveniences and more so when you consider that you have given all of yourself to make the company emerge and provide a good job, but you should know that almost always when these situations occur, the objective dismissal for economic reasons jurisprudence, is the most used, so although it is not the best way to drain our frustration, we have to know that we are not alone in this, and sometimes they are situations that get out of hand.
We hope we have provided you with all the necessary information so that you can know when these layoffs come and when they do not, we know that it can be uncomfortable but we encourage you to assume it with the best attitude, and knowing that sometimes they are challenges that are put in our way. way to bring out the best in us.
Throughout this entire article we sought to solve all your doubts about dismissal for economic reasons, but as we know that there can always be a doubt and you want to know additional information, we are going to leave you the following video. Take a few minutes to visualize it, surely it will have additional information that can help you.