Once a person enters the world of work, many doubts begin to come to him. Some are important, especially when they refer to your dismissal.
Imagine a situation that occurs more frequently than many people think. You are at work, you fall or you cut yourself (see, depending on the job of each one) and you have to be on leave. Obviously, depending on what happens to him, he cannot work. But they send him a letter and it turns out, they have fired him. Panic. That makes? Are you out of work, just like that? Can you fight for your interests, should they pay you some compensation, should they wait for you to recover and join your job, is what they are doing legal?
Beforehand, before any problem of this type, we always recommend that you go to a worker”s committee and if they do not help you or do not have it, contact a labor lawyer. This way you will be able to advise you perfectly and recommend what steps you should take and do and if you can be fired while on leave.
Even so, without being lawyers, after reviewing some laws, if we can give some advice on the steps to take and tell you if they can fire you just like that or not. The dismissal could be appropriate or inappropriate depending on the case.
Instructions for firing while on leave
- Keep in mind that, if the company has decided to fire you, even if you are on leave, if they take advantage of some of these reasons and can prove it, they will be with the law on their part and yes, they will be able to fire you.
- Do not forget that you have to know what your rights are as workers and that, even if they want to fire you, such dismissal can go from inadmissible to null.
- Once things get older (because they want to fire you while on leave, but you don”t agree) you will have to take the step. Whether the first thing happens (challenge it) or the second thing (that is valued as null) you will have to know what you should do. Don”t be left empty handed.
- For example, suppose they have decided that such a layoff that the company intended is void. Therefore, they give you, as a worker, the reason. What will the company have to do with you? You will have no choice but to rejoin your job.
- Another piece of information that you should take into account, and it is important, is the salary.
- If while you are on leave, they fire you and do not pay you, let”s say three months (it is an example so that you can see it more clearly.), Well, in the event that the dismissal is null and they cannot fire you, they must incorporate you. But also, pay you. If you have been a time without charging, those months, they must pay you (yes or yes).
- Generally, workers are protected by law.
- One of the biggest layoffs that are not appropriate but often happen (unfortunately) is layoffs for maternity leave. Surprise … the woman gives birth and while she is on sick leave, she is surprised that she is fired. Can be done? Well no. Power, you couldn”t.
- In these cases, the woman must know that she has rights. Right to take maternity leave.
- The right also (for maternity) to be able to have a reduction in working hours (charging less, of course) but also doing fewer hours. And even, you can be encouraged to continue doing so, until your child reaches a certain age. If that hasn”t changed, until recently, the age was twelve.
- Another thing that some companies tend to do is retaliate with certain workers when they complain, register or call the labor inspection, etc. That is, when the worker begins to become a “nuisance”, they are tried to eliminate from the company. Careful. Because it would be illegal to fire you.
- These are just some of the more frequent examples that you shouldn”t let happen. But it is also true that companies will do everything in their power to carry it out. Each case, should be contrasted and look yes or no, legal.
- Now, just as you can avail yourself of laws that protect you, you also have to know that the dismissal does take effect and the company is right.
- In advance, you should know how an obligation you have as a worker in the company where you are, what you should not do or fail to comply with. Obviously, if they consider that you have broken a rule or have broken something, they can fire you.
- Depending on the type of severity, it can be a more or less serious sanction. Be careful, because a very serious sanction leads to immediate dismissal.
- Whenever you are off work, you must let the company know to avoid greater evils. Send all the medical reports, keep the papers, etc.
- Another piece of information to take into account when you have been discharged (for whatever reason) and you have to rejoin. Some mistake made by some, having the medical discharge in hand and not showing up at work. Failure and serious. At the same time that the doctor discharges you to go back to work, you must do it. Do not wait until the next day to call the company, or leave it for another time, because the company from that moment can claim that it is absenteeism and fire you.
- Be careful, because taking sick leave many times can, in some cases, result in dismissal. The company could prove in its favor that the worker is constantly on leave. In these cases, for example, in a couple of months if the worker has been absent up to almost thirty days, they can be considered absenteeism or take measures to fire him. Always in these cases, it is better to contact a labor lawyer.
What do you need to fire while on leave?
- Always use a labor lawyer so they can help you in your case.
- It can also help you to have a labor committee and that they can advise you according to your case.
- Make sure you read your contract very well, so that you do not fall into blunders in which you can be fired for non-compliance.
- As a worker, you should know what your duties are in the company and as a worker.
Tips for firing while on leave
It is clear that despite what may be believed in most cases, being off work can lead to dismissal. It is not normal, it is not frequent (because the worker can claim and rely on the law) but there are certain cases, where the company can take refuge and throw you out.
Until a few years ago it was somewhat more difficult for them to fire you, but with the new reforms and changes in laws, they can fire you if they take the smallest loophole they can. Above all, if they have to pay you some kind of compensation.
It is difficult to say which case is the right one to agree with you, therefore, you have to look carefully at the contracts, the time, the company, the reason, etc.
When in doubt, there will be no choice but to have to pay a labor lawyer and only them, after evaluating your options as workers and assessing what the companies accredit for the dismissal, will tell you what steps to follow or if, unfortunately, the dismissal is legal and you have no choice but to accept it. If you still do not want to be scared, as a worker, follow the laws and do not skip the discharge or try to tease. Follow to the letter everything the doctor tells you (as far as papers are concerned) because forgetting one or not rejoining the same day you are discharged is an immediate dismissal.
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