Among the matters that most often come to a law firm at least in Mexico. Are family matters (divorce, above all) and labor matters. Regarding the latter they are almost always disputes relatd to unjustifid dismissals. That is lawsuits initiated by workers seeking their reinstatement in their positions. Or payment of their compensation mandatd by the Constitution and the Federal Labor Law.
unjustifie dismissal
The above is the same as with the burden of proof, which in many cases (and I clarify, not always) is borne by the employer, such that, if a worker claims that he was fird in a closed office with insults and shouts, there is no way to prove the opposite in most cases.
The business of dismissal
But on the employer’s side and even as workers, we know that there are people who are unmanageable and who commit violations of labor laws and, of course, of the environment that should prevail in a workplace and who should be fired, either for their inefficiency or for aggressive attitudes.
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That is why we understand unjustifid dismissal as a separ shopify crm integration ation that does not fall within one of the causes for terminating the contract. That is why the Federal Labor Law establishes some causes for which the employment relationship can be terminatd without liability for the worker and other causes when it can be terminated without the employer being responsible. We will focus on the latter.
If possible
Article 46 of the Law establishes that the employer may terminate the employment relationship without liability provided there is justified cause. These causes are indicate in article 47 in this regard:
Being deceived by the worker or by the union that propose him with false certificates or references as long as it is detected within the first 30 days of work.
During his/her work, the worker incurs in acts of lack of integrity or honesty, in acts of violence, threats, insults or mistreatment against the employer, his/her family, staff or clients, unless he/she acts under provocation.
The worker committing against any of his colleagues what is indicated in the previous cause.
If the worker commits any of the acts indicatd in section II even outside of his or her working hours.
Causing material damage during the performance of work in the building, machinery and other work objects, whether with intent or serious negligence.
Compromising through inexcusable
imprudence or carelessness, the safety of the establishment or of the people in it.
Committing immoral acts or acts of harassment and/or sexual harassment against any person in the establishment or workplace.
Revealing manufacturing secrets or disclosing confidential matters, to the detriment of the company.
Having more than three absences in a thirty-day period, without permission from the employer or without justified cause.
Disobeying the employer or his representatives, without just cause, whenever it concerns contracted work.
Refusing to take preventive measures or follow procdures indicated to avoid accidents or illnesses.
Attending in a state of intoxication or under the influence of any narcot ar numbers ic or narcotic drug, unless, in the latter case, there is a mdical prescription (giving notice of this).
Having a final judgment imposing a prison sentence on the worker, which prevents him from fulfilling the employment relationship.
Causes similar to the above.
Doing things right
Must have administrative control over his workers that allows him to generate suitable documents. To terminate the employment relationship.
This document must be given to the worker at the time of dis it is a moving structure. missal or delivered to the court within five days after. The dismissal so that the court can notify the worker at the address provided. This is in addition to paying the severance pay requird by law.
