How the Labor Reform affects me: dismissal from or for objective reasons
The new Labor Reform "seeks to guarantee both the flexibility of employers in the management of the company's human resources, and the safety of workers in employment." The adopted reforms entered into force as of February 12, 2012, however, it is currently unknown which of these measures will be confirmed, suppressed or modified in parliamentary procedure. Since we want you to be well informed about these matters, we explain the answer to your question about " how does the Labor Reform affect me regarding the dismissal that comes from ?".
The latest Labor Reform provides for a series of changes in dismissals with objective causes . It is considered dismissal due to the maladjustment of the worker to the technical modifications carried out in the workplace, when said changes are reasonable. The employer is required to offer the worker a course so that he can adapt to the modifications. During the training the contract is suspended and the worker receives the average salary.
Lack of assistance to work is also grounds for dismissal from the new Labor Reform, provided that they meet the following parameters:
- For absences of work assistance, still justified, when they reach 20% of working days in two consecutive months.
- 25% in four discontinuous months within a 12-month period.
- It also highlights the disappearance of the requirement that the global absenteeism of the work center staff be at least 2.5%.
Finally, dismissal will also be considered if economic causes are alleged. The Labor Reform changes this concept again. It is understood that there are economic causes when the company's results show a negative economic situation, in cases such as the existence of current or anticipated losses, or the persistent decrease in their level of income or sales. In any case, it will be understood that the decrease is persistent if it occurs during three consecutive quarters.