Termination Of Employment
Act No. eighty accommodates other important necessities for a way employers can undertake terminations within the particular context of closings, reductions in force, or reorganizations or technological modifications. In these instances, the employer should retain essentially the most senior workers, if there are vacancies or positions occupied by staff with less seniority in the former’s job classification that may be carried out by them. However, at the time of the dismissal, when there’s a reasonably clear or evident difference in favor of the capability, productiveness, performance, competence, effectivity, or conduct historical past of the workers compared, the employer may interact in a range process based on stated standards. Act No. eighty also clearly states that any capricious discharge unrelated to sustaining proper and regular business operations isn’t thought-about with simply cause. In the latter case, the employee would be entitled to reinstatement with back pay. For functions of the calculation of the severance pay or “mesada,” the years of service will be decided based mostly on all of the periods that the employee worked for a similar employer before being dismissed.
The employee must submit the request in writing, and it must no less than embrace a … Read More