Forma de la notificación del despido al trabajador:
According to article 93, at the termination of any employment contract, whatever the reason that motivated it, the employer must give the worker free of charge a signed certificate that only expresses: a) The date of initiation and conclusion of the work; b) The type of work performed; and, c) Salaries accrued during the last payment period. If the worker requests it, the proof must also express: a) The efficiency and behavior of the worker; and, b) The cause or causes of the termination of the contract.
Plazo de preaviso:
According to article 87 of Labour Code, in the case of an indefinite-time contract, neither party may terminate it without giving prior notice to the other, except as provided in Articles 81 and 84 of this Code (valid grounds for dismissals), in accordance with the following rules: a) Completed the trial period up to one year of service, thirty days' notice; b) More than one year and up to five years old, forty-five days' notice; c) Over five and up to ten years old, sixty days' notice; and, d) Of more than ten years old and upwards, ninety days' notice.
In the calculation of seniority, prior notice will be understood, if the worker served during that time.
duración de servicio ≥ 6 meses:
duración de servicio ≥ 9 meses:
duración de servicio ≥ 1 año:
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:
According to article 90, the employer who has not given the notice or gave it without complying with the legal requirements, is obliged to pay the worker an amount equivalent to the worker's salary during the term of the notice.
In the event that the worker omits this requirement, th worker must pay his employer an amount equivalent to half the salary that corresponds to the end of the notice.
Notificación a la administración:
There is no obligation to notify the public administration, apart from the situations provided by the law concerning redundancies (Articles 78 (h) Labour Code).
According to article 88, the prior notice might be given through the Administrative Labor Authority, but there is no obligation.
Notificación a los representantes de los trabajadores:
Aprobación de la administración publica o de organismos judiciales:
According article 320, in the event of a claim regarding violation of union stability, the Judge shall order as a precautionary measure the immediate reinstatement of the leader in his previous workplace, or the reestablishment of the modified conditions, within forty-eight hours. .
Moreover, according to article 321, to dismiss a worker protected by Union Stability, the employer shall previously prove the existence of just cause imputed to him, or that the invoked condition of leader, manager or candidate is false. Taking into account the seriousness of the facts imputed to the worker, the Judge may order his preventive suspension. In this case, the employer must judicially deposit the worker's salary every month until the resolution or final agreement.
Acuerdo de los representantes de los trabajadores: