Forma de la notificación del despido al trabajador:
sin forma particular exigida
Sec. 4, chap. 9, ECA: A notice on termination of an employment contract shall be delivered to the employer or its representative, or to the employee, in person. If this is not possible, the notice may be delivered by letter or electronically.
However, if so requested by the employee, the employer must notify the employee without delay in writing of the date of termination of the employment contract and of the grounds for termination or cancellation known by the employer to have caused the termination (sec. 5, chap.9 ECA).
Plazo de preaviso:
Section 3, Chapter 6, ECA, General notice periods
“Unless otherwise agreed, the notice periods to be observed by the employer are the following if the employment relationship has continued uninterruptedly:
1) 14 days, if the employment relationship has continued for up to one year;
2) one month, if the employment relationship has continued for more than one year but no more than four years;
3) two months, if the employment relationship has continued for more than four years but no more than eight years;
4) four months, if the employment relationship has continued for more than eight years but no more than 12 years;
5) six months, if the employment relationship has continued for more than 12 years.
duración de servicio ≥ 6 meses:
duración de servicio ≥ 9 meses:
duración de servicio ≥ 2 años:
duración de servicio ≥ 4 años:
duración de servicio ≥ 5 años:
duración de servicio ≥ 10 años:
duración de servicio ≥ 20 años:
Indemnización sustitutiva de preaviso:
Notificación a la administración:
However, in case of a dismissal of a worker on economic grounds and if that worker has an employment history of at least 3 years with the same employer or with a different employer, the employer is obliged to notify the employment office. This obligation also applies when the worker has been in fixed-term employment for at least 3 consecutive years or at least 36 months during the preceding 42 months (Sec. 3a, chap. 9, ECA).
See also sec. 48 of the ACU, applicable only to undertakings employing at least 20 workers: When the employer proposes measures that may lead to termination (on economic grounds), he or she should also inform the employment office.
Notificación a los representantes de los trabajadores:
However, according to the Act on Co-operation within Undertakings (2007), notification to worker's representatives and negotiation are compulsory when the dismissal affects a single worker provided such dismissal is based on financial and productive grounds, and the undertakings employs at least 20 workers. (see sec. 44-53 ACU)
Aprobación de la administración publica o de organismos judiciales:
Acuerdo de los representantes de los trabajadores: