Some causes of dismissal are very subjective to the extent that the law indicates them in a general way, as is the case of the worker who does not fully comply with his work or who does not report to work without excuse for a day or more. The law is not precise in defining in what circumstances an attitude can be considered just cause.
Article 62 says: The systematic non-execution, without valid reasons, by the worker, of the conventional or legal obligations.
This means that when situations arise sporadically, it cannot be understood that it is just cause for the dismissal of the worker.
Some examples of reasons and causes why theThe dismissal of a worker can be fair are:
1. Having suffered deception on the part of the worker, through the presentation of false certificates for admission or tending to obtain an undue benefit.
2. Any act of violence, insult, bad treatment or serious indiscipline that the worker incurs in his work, against the employer, the members of his family, the managerial personnel or the co-workers.
3. Any serious act of violence, injury or bad treatment incurred by the out-of-service worker, against the employer, his family members or his representatives and partners, workshop managers, guards or guards.
4. All material damage intentionally caused to buildings, works, machinery and raw materials, instruments and other objects related to work, and all serious negligence that endangers the safety of people or things.
5. Any immoral or criminal act that the worker commits in the workshop, establishment or workplace or in the performance of their work.
6. Any serious violation of the obligations or special prohibitions incumbent on the worker in accordance with articles 58 and 60 of the Substantive Labor Code, or any serious fault qualified as such in collective agreements or conventions, arbitration decisions, individual contracts or regulations.
7. The preventive detention of the worker for more than thirty (30) days, unless he is later acquitted, or the correctional arrest that exceeds eight (8) days, or even for a shorter time, when the cause of the sanction is sufficient by itself to justify the termination of the contract
8. The fact that the worker reveals technical or commercial secrets or discloses confidential matters, to the detriment of the company.
9. Poor performance at work in relation to the worker’s ability and average performance in similar tasks, when it is not corrected within a reasonable period of time despite the employer’s requirement.
10. The systematic non-execution, without valid reasons, by the worker, of the conventional or legal obligations.
11. Any vice of the worker that disturbs the discipline of the establishment.
12. The systematic reluctance of the worker to accept preventive, prophylactic or curative measures, prescribed by the employer’s doctor or by the authorities to avoid illnesses or accidents.
13. The ineptitude of the worker to carry out the assigned work.
14. Recognition of the worker’s retirement or disability pension while at the service of the company.
15. The contagious or chronic illness of the worker, which is not professional in nature, as well as any other illness or injury that incapacitates him for work, the cure of which has not been possible for one hundred and eighty (180) days. the dismissalFor this reason, it may not be carried out until the expiration of said period and does not exempt the employer from the legal and conventional benefits and indemnities derived from the illness.
In the cases of numerals 9 to 15 of this article, for the termination of the contract, the employer must notify the worker in advance no less than fifteen (15).