Forma de la notificación del despido al trabajador:
Art. 19 LA provides that the notice of termination for employees, who are covered by the job security provision, shall be given by the employer in written form. Besides, the employer is obliged to specify the ground of termination clearly and definitely.
[Art. 19 LA also requires the employer to allow an employee under a contract with an indefinite duration to defend himself against the allegations made against him or her in the event of dismissal for reasons related to the worker's conduct or performance].
The notice form for the termination of employees excluded from the job security provisions is not specified.
New: The 2012 Code of Obligations -that regulates the contract of workers not covered by the Labour Act- provides that, in relation to termination of employment related to the marketing facilities agreements, if the commission paid to the employee comprises at least one-fifth of the salary and the commission is influenced by seasonal fluctuations, the employer is entitled to terminate the employment contract as of the expiration of the former season with two months' notice prior to the start of the new season. At the same time, the employee is also entitled to terminate the contract with two months' notice before the start of the new season if he or she has worked until the end of the former season and also continued to work after the season. Nevertheless, the new Code of obligations doesn't provide any specific form of notification to the worker to be dismissed.
Plazo de preaviso:
Art. 17 LA:
The notice period to be observed by the employer before terminating a contract of indefinite duration varies according to the employee's length of service, as follows:
- 2 weeks if the employee has been employed for less than 6 months;
- 4 weeks if the employee has been employed for at least 6 months but less that one-and-a-half years;
- 6 weeks if the employee has been employed for at least one-and-a-half years but less than 3 years;
- 8 weeks if the employee has been employed for more than 3 years.
These are minimum periods and may be increased by contracts between the parties.
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:
According Art. 9 of the Code of Social Insurance and Universal Health, the Presidency of the Social Security Institution shall be notified by the employer within maximum ten days after termination of the employment contract.
Note: This notification obligation also applies to any recruitment.
Notificación a los representantes de los trabajadores:
Aprobación de la administración publica o de organismos judiciales:
Acuerdo de los representantes de los trabajadores:
Notas / Comentarios
The notice requirements apply to both employees covered by the job security provisions (termination with a valid reason) and those not covered by such provisions (no justification required).
As mentioned above, the job security provision applies to employees who fulfil all the following criteria:the employee is engaged for an indefinite period, and; the employee has worked for at least 6 months, and; the employee works in an establishment with at least 30 employees.
When terminating a contract for a just cause ("breaking of the contract) for reasons related to health, misconduct, force majeure, arrest and custody, as listed in Art. 25, the employer does not have to observe any notice requirements.