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In this article we will explain everything related to disciplinary suspensions, the warnings and warnings, so you know what your rights and the remedies accordingly.
One of the rights that the Labor Contract Law gives the employer is the disciplinary authority. The spirit of the LCT is based on the disciplinary measure has the correct order conduct that is an educational sense and not merely punishment.
Thus, to a lack commented on by the worker and attentive to the magnitude of it, the employer may decide to impose day suspension. The length of the suspension will always be proportional to be commented and during these days, the employee should not provide services, being also on fallen will be deducted from your paycheck.
The day suspension limit the employer can apply is thirty (30) days within one (1) year, which begins to run from the first suspension. Arriving this number of suspensions to the employer holds the option to terminate the link, in principle, with just cause, but it is important to never exceed this limit because otherwise it will be the worker who may be considered dismissed. For
that after teint (30) days of supensión the employer can dismiss a just cause, we must say that is just as well in principle. Fittingly, the justice who will rule on whether or not there was just cause. This is because the employer, as sometimes happens, decided to administer suspensions indiscriminately and malicious criteria so as to reach these trein accumulate (30) days and to dismiss with "just cause." When such situations arise it is important that the employee contesting the suspensions. Challenge
the law states that the employee may challenge a suspension to be unfair. The worker can attack the suspension questioning its provenance (origin) or extension (day suspension). The challenge must be made within thirty (30) calendar days after notification of the suspension. However, even when workers challenged the measure imposed by the employer, must meet the days of suspension and the same shall also be deducted from your salary.
However, the difference is that the worker not to contest the suspension, you are consenting, that is, recognizes and considers it fair and / or proportional to the offense. Thus, in the event that accumulate trein (30) days of suspensions and employer links and to extinguish the lawsuit alleged, the employer must prove the causal situations and circumstances of each suspension but, to be agreed to by the worker as this is not the challenge, but must show that the applied, ie the letters simply exibhir document that reported the different suspensions. Has challenged one, several or all suspensions, the employer has to prove all the employee committed misconduct, something rather difficult to achieve.
reprimanded and Warnings
We must make it clear that the only disciplinary suspensions are legally established. That is, while it may be beneficial to the worker using these methods of administration of discipline, they do not have the legal effect of the suspensions, which have a maximum period of accumulation and a challenge procedure including .
útlimo To illustrate this, in line the majority opinion of the law, if an employee has 25 days of suspension 10 cautions and warnings 7 can not be fired for "just cause" as the sum of 10 warnings and 7 warnings do not result in an equivalent to 5 days suspension. Again, the only disciplinary suspensions are legally established, if the employer has had a warning or reprimand, the judge must understand the seriousness of the offense was not warranted the application of a suspension and that the employer has opted for a reprimand or warning. In this sense, a person can earn 20 reprimands and 20 admonitions without implying a judicious and fair source of dismissal for just cause, because as we said before the only required legal action is the suspension.
Source: http://www.laboralis.com.ar/
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