If you want to know everything about him objective dismissal for productive reasons, you are in the right place throughout this article we are going to present everything on this subject so that you can know even the smallest detail and know how to react to these situations. Let's start.
When can proceed to an objective dismissal for productive reasons?
It is known that the most common reason why a objective dismissal for productive and organizational reasons, it is due to negative economic situations on the part of the company, only under these conditions is it possible to access this type of termination of employment.
However, although this is true, there may also be certain cases where this is not the main reason, and basically this figure is used when a dismissal is made for non-attributable reasons, that is, it is not previously discussed with the worker, This can be found a little more explained in the Workers' Statutes, specifically in article 52.
This has the consequence that companies must pay compensation to workers, which is basically made up of 20 days of wages per year with a maximum of 12 monthly payments, in this way, you can get an approximate account of what corresponds to you.
Before moving on, it is important to mention that the more specific the reasons for dismissal of a worker, the easier it will be to justify this before any court or instance that can be reached, it should be noted that some of these reasons may be: labor negligence , non-compliance with the parameters established in the contract, unjustified absences from the working day and lack of adaptation to the problems that may occur throughout their work stay.
However, as we mentioned earlier, the main reason why a company decides to make objective dismissals for productive reasons is due to economic problems, being able to cover 65% of the possible causes, with the other reasons having much lower percentages.
However, we are going to analyze each one of them below, since we find it quite interesting that you know all this topic in depth:
Ineptitude or negligence on the part of the worker
Well, this reason is very easy to understand, it consists of the lack of the worker to carry out the requested activity, either due to professional lack, poor prior preparation or lack of updating their acquired knowledge, it is important that in order to adopt this position to proceed to make a dismissal, the company or the employer must realize these reasons later.
In addition to the fact that it is very important that before the company decides to completely dispense with your services, you can try to change your position or try to offer you a position that suits your profile a little better, in case all this fails, you will not be more than proceed to carry out the dismissal.
It is important that you know that this reason, although it is one of the most valid to dispense with the labor services of a person, turns out to be the most complicated to prove before a court, since it would commonly be the testimony of one person against the other, for For this reason, you must be especially careful when choosing the people who are going to work in your companies, in this way, you can avoid going through these situations.
You guarantee this by having an excellent line of human resources, which strives every day to choose the best to fill the vacancies you need.
Lack of adaptation to the work environment or to the adaptations that may exist
Special care must be taken with this point, since when making changes to systems or technologies within companies, the employer must guarantee that they can provide adequate training, as well as give them the necessary time to make a satisfactory adaptation. .
In the event that all this has occurred, following the corresponding regulations, with the 3 months of adaptation stipulated by law and no change has occurred, the company can proceed with the objective dismissal for organizational reasons.
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Economic, technical or organizational causes by the company
This may be the most common but controversial cause, as it is a very broad reason where many items may be involved. Among them we can mention: negative economic causes for the company, unexpected losses, decrease in income due to multiple reasons, low production. The reason for this may be changes in the market with which you work, people decide to use other services or products.
In order for the employer to justify this reason, it must comply with three phases, which are: demonstrate the reason for the cause, show how what happened directly affects the jobs that are under its responsibility, and prove how these measures can help the company. prompt improvement of the company.
Labor Absenteeism
Finally, this is one of the most used reasons, for this the employer must justify that the worker had many days without going to his job continuously or intermittently, without having a reason or even with reason. When the dismissal is for this reason, the employer must pay the corresponding compensation. This is valid when the number of absences exceeds 5% of the working day in 12 months.
And this is a measure that is taken with the idea that workers can have greater responsibility and can meet the objectives set by the company.
To conclude we can say that it is important to mention that all the objective dismissal letter for organizational and productive reasons they are highly justified, and in the event that you decide to go to trial, it is very likely that the company you are working for will win, therefore, we invite you to think carefully before filing any legal action.
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