General

Examples of objective dismissal

An objective dismissal consists of terminating the services of one or more employees due to a particular reason, which is beyond the control of the company or employer, but which, for the well-being of the firm, must be carried out.

There are, essentially, two types of causes to execute an objective dismissal: disciplinary cause and objective cause.

The first cause has to do with the employees and corresponds to serious misconduct that ultimately put the proper functioning of the company at risk. The lack of an employee’s ability to correctly complete his tasks, due to physical or intellectual reasons, is also interpreted as a cause. As in any organization, there are jobs that one person can do instead of two. The company must reorganize its structure to cope with the absence of some employees.

The second cause has to do directly with the company and refers to a deficit in the organizational, productive, economic or technical part, the solution of which will come after the dismissal of one or more employees.

Whatever the reason for dismissing an employee, linked to a cause of one of these two groups, it must be justified, otherwise it is considered inadmissible and can lead to appeals and many legal procedures.

In short, when an objective dismissal occurs, neither party is at fault, it is the only way out. According to the legislation of each country, the objective dismissal will be handled

6 examples of objective dismissal

  • Objective dismissal due to economic reasons

A business can suffer financial losses that make it difficult to maintain a full payroll of employees. If the company cannot cover the expenses of one or more employees, or if having to do so puts the general functionality of the company at risk, according to its own statutes and the different governing laws in each country, the organization will have all its rights. to lay off one or more employees.

  • For unjustified or justified absences, but repeated

Even if an employee manages to justify their absences, if they are recurrent, and therefore condition the work of colleagues or hinder the activities of the company, employers have the total freedom to dispense their services within the company.

  • Due to ineptitude of employees

This refers to those faults that denote irresponsibility, lack of commitment or difficulties in carrying out a job. When the failures have to do with physical problems, but that have been accepted at the time of finalizing an employment relationship, they cannot be grounds for dismissal. On the contrary, the problems developed after the signing of the contract could be taken into account to cancel said document.

  • Inability to adapt to changes in the structure of the company or its daily tasks

At times, companies must change their organization chart, establishing new competencies for some employees or eliminating some of those they already carried out. Many employees fail to adapt to these changes and end up underperforming, affecting everyone’s productivity.

  • Due to changes in production

If the costs of the raw materials used to make the products rise unexpectedly, they may find it necessary to cut jobs in order to meet the same demand for products.

  • Due to changes in the machinery or instrumentation used in the activities of the company

If the companies eliminate the use of a machine or instrument that only one employee handled, then there will be no choice but to eliminate that job as well, that is if the person cannot be assigned to another area.

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