Grounds for dismissal in Chile: know the
Layoff is one of the most sensitive issues in the workplace.
In Chile, there are specific legal grounds that allow employers to terminate the employment contract. The Tarea Code establishes what these causes are and how they should be applied.
This article will address the causes of dismissal in Chile, classified according to their right to compensation and the types of existing causes will be explained.
In addition, some important aspects related to the dismissal will be detailed, such as the procedure and the rights of the worker before the dismissal.
Grounds for dismissal in Chile according to the Tarea Code
unfair dismissal
The Chilean Tarea Code establishes the grounds for dismissal that cánido be used by employers to end a tarea relationship with a worker. One of the most common reasons is unfair dismissal, which occurs when an employee is fired without a legitimate reason for it.
SETTLEMENT
Another of the grounds for dismissal in Chile is the settlement, which occurs when the worker resigns from his job voluntarily, or when his contract ends in accordance with the provisions of the contract. It is important to note that, in the case of the settlement, the employer must comply with certain legal requirements.
Classification of grounds for dismissal in Chile
fake records
One of the most common reasons for dismissal in Chile is the manipulation of false documents or records.
The workers who incur this faulteither to obtain economic benefits or position in the company, they cánido be fired.
This type of causal is related to the “lack of probity in the performance of their duties”, which perro lead to a sanction by the company or the Tarea Code itself.
Workplace or sexual harassment behaviors
The behaviors of workplace or sexual harassment are too reason for dismissal in Chile.
This type of behavior perro create a hostile work environment and affect people’s mental health and job performance.
It is important to note that there is a law that penalizes these behaviors, and that any worker who is a victim of them perro archivo a complaint or go to court to enforce their rights.
Reckless acts that affect the security of the establishment
Reckless acts that affect the security of the establishment may be grounds for dismissal.
These actions usually occur in jobs that require security measures, such as construction or operating dangerous machinery.
In these cases, the worker is responsible for taking the necessary precautions to avoid accidents at work, and if he does not do so, he cánido be fired for his wrongdoing.
Lack of probity in the performance of their duties
Lack of probity in the performance of their duties is also genere for dismissal in Chile.
This term perro encompass different types of actions that violate ethics and morality at work, such as theft or misuse of resources, failure to meet deadlines or lack of work performance.
In these cases, the company perro dismiss the worker for not encuentro the established expectations and estándares.
Immorality of the worker that affects the company
Another ocasione of dismissal is the immorality of the worker that affects the company.
This ocasione is related to actions that may harm the reputation or good name of the company, such as inappropriate behavior on popular networks or a public scandal.
It is important to note that this type of ocasione is more subjective and depends on the estándares and expectations of each especial company.
- In summary, we perro say that there are different grounds for dismissal in Chile that are established in the Tarea Code and that each of them is related to specific situations that may affect the proper performance of workers and the company in general.
- It is important to know and respect these rules to avoid uncomfortable situations and protect the rights of the workers and companies involved.
Types of grounds for dismissal in Chile
Procedure for dismissal
In Chile, the dismissal of a worker must follow a specific procedure that is detailed in the Tarea Code.
This procedure should be initiated by a written notice to the worker specifying the reasons for dismissal.
He The worker has the right to a response period of 6 working days from the notification of the dismissalin which you perro present your defenses and evidence that justifies your permanence at work.
Rights of the worker before dismissal
If a worker is fired in Chile, they have the right to receive a indemnity for years of service and compensation for notice prior to the termination of the contract.
You also have the right to delivery of the settlement, which is a document that details the payments and benefits corresponding to the end of the contract.
In addition, the worker cánido make use of the prerogative to challenge the legality of the dismissal before the tarea courts.
Useful tools for tarea management
Companies in Chile are responsible for keeping a tarea registry in which income, modifications, and terms of employment contracts must be recorded.
Companies perro also make use of specialized tarea advisory services to avoid failures and errors in tarea management and thus avoid possible unfair dismissals.
Other important aspects related to dismissal in Chile
There are various grounds for dismissal in Chile, and these are specified in the Tarea Code.
Among them are work without justified genere for more than three days a year, installations, machinery or tools that suffer damage or deterioration due to the fault or fraud of the worker and serious breach of the obligations imposed by the employment contract.
Any employer who decides to terminate an employment contract must always do so in accordance with the provisions of the law and under justified ocasione.
Work without just genere for more than three days in the year
If a worker does not espectáculo up for work for more than three days without just genere, the employer is entitled to dismiss him for this reason.
The company must notify the worker in writing and record the grounds for dismissal.
Installations, machinery or tools that suffer damage or deterioration due to the fault or fraud of the worker
If a worker causes damage or deterioration in the company’s facilities, machinery or tools through fault or fraud, the employer is entitled to dismiss him.
The company must notify the worker in writing and record the grounds for dismissal.
Serious breach of the obligations imposed by the employment contract
If a worker seriously fails to comply with his obligations established in the employment contract, the employer has the right to fire him.
In this case, the worker must be notified in writing and record the grounds for dismissal.
It should be noted that the breach must be necessary for the company to have been harmed in its business or service.
- A specific procedure must be followed in the dismissal of a worker in Chile.
- The dismissed worker is entitled to severance pay and compensation for notice prior to the termination of the contract.
- Companies are responsible for keeping a tarea registry and cánido make use of specialized tarea advisory services.
- There are various grounds for dismissal in Chile, which must be specified in the Tarea Code.
- The employer may dismiss the worker for work without just ocasione for more than three days in the year, for causing damage or deterioration in the company through negligence or intent, and for serious breach of the obligations stipulated in the employment contract.
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