What is the difference between dismissal and wrongful dismissal?

In the times that run the dismissal is a current issue. But not all dismissals are the same: we must distinguish when it is done properly and when it is not appropriate. Each of these implies a series of conditions . You must inform yourself to know what rights and duties you have in each case. In .com we explain to you what is the difference between dismissal from and out of commission .

Steps to follow:

one

When a worker has a bad behavior in his job and this affects the company, a proper dismissal can be made, as it is a disciplinary dismissal . In this case, it is appropriate that you leave your job because you are an unsuitable candidate.

two

In the case of disciplinary dismissal, the company is not obliged to indemnify in any way to its worker while demonstrating that the faults that he has committed in his job are so serious that they have caused his dismissal.

If it is a dismissal from other causes, the corresponding compensation would be 20 days / year .

3

In a dismissal from the worker will be paid all the money owed to him with respect to the last month worked and the payments that soon he had to charge. You can also have your papers up to date to solve your situation at the INEM while you find another job.

4

The unfair dismissal is one in which the company decides to dispense with any of its workers for their own reasons. In this case, the worker has done his job correctly and has not generated any circumstance that leads to dismissal.

5

In unfair dismissal, the worker must be compensated by the company according to the time he has worked for them. You must receive a check or deposit to your bank account with the relative amount.

6

In addition, he must be paid whatever belonged to him for payments and last month worked, everything that had not yet been charged.

7

Likewise, with unfair dismissal, the company must manage and process the worker's situation so that it is settled with the Inem until a new job is found. The company must always deliver this type of paper to its dismissed employees.

8

Whenever a worker is dismissed, he must sign a paper to his company in which he shows the reasons for dismissal. It is advisable to read this paper and in the case of not being satisfied, the worker before signing must write a "non-conforming" and then sign, in case you want to discuss your situation with a lawyer.

Tips
  • It is advisable that the worker always consult a lawyer to indicate if he is entitled to any claim.
  • Never sign a voluntary withdrawal letter if the company is the one that dismisses you.
  • Never reject your rights and ask for them when they do not recognize each other.