By: Mtro. Federico Anaya Ojeda - July 2007 -

When you do not want to tell anyone. Talk to the person when they are alone and politely tell him your intentions. "I do not love, go." If you can, do you feel the most important soul. If you ask him something back off. "I want my stuff". If you reclámaselo failure. But first please talk to your lawyer."

Both the employer and the employee can terminate the employment relationship when there is a valid reason. From the above we note that there are two types of termination of employment contract. The first pattern is performed by the employee for having engaged in any of the grounds of Article 47 of the Federal Labor Law, and the second, performed by the worker (also known as constructive dismissal) for committing any of your employer acts contained in Article 52 of the said Act

TERMINATION WITHOUT RESPONSIBILITY BY THE EMPLOYER.

We've talked in the past of the problems faced by the employer when the worker justifiably dismiss the risks and follow the legal procedure to run a worker. [2] Without overlook this, and so the study of practical and comprehensive topic is necessary to know the reasons that may have a pattern when firing a worker, whether they then use a different procedure for dismissing a worker.

These Reasons for dismissal are:

DECEPTION.

The worker can not fool the pattern and special form when the contracts are unable or, if applicable, the union that it had proposed, display augmentative false certificates or references that give the worker abilities, skills or different faculties. Unfortunately, the employer only has thirty days to exercise the termination from the date of commencement of work.

LACK OF HONESTY U PROBIDAD. AGAINST THE PATTERN OR YOUR FAMILY

The worker can not work during the day acts of violence, feints, insults or mistreatment against the employer or their relatives. Similarly against managers or administrative staff of the company or establishment. This cause is not justified to dismiss the worker if the worker works provocation or self-defense.

PROBIDAD LACK OF HONESTY U CO-WORKERS AGAINST.

The worker may be dismissed in the same way if he commits these acts against their peers, whether as a result of them alters the discipline of the place where the work is performed.

PROBIDAD LACK OF HONESTY U OUT OF WORKPLACE.

Not because the worker is no longer in working hours mean you can commit these acts against the employer, relatives or administrative managers, since the working relationship would be impossible to follow meeting.

INTENTIONAL DAMAGE.

The worker can be fired with justification if intentionally cause damage to property during the performance of duties or by reason of them, buildings, works, machinery, tools, raw materials and other work-related items.

DAMAGE TO NEGLIGENCE.

The same material damage, without malice but with negligence, provided that they are serious serious, and that such negligence was the sole cause of injury.

SAFETY JEOPARDISE

Can be fired for cause the worker for his imprudence or inexcusable neglect, jeopardize the safety of the establishment or the people who are in it.

IMMORAL ACTS IN WORKING HOURS.

The person responsible for firing a worker for committing these acts, should apply its forehead criteria and not based on the manual of manners Carreño.

DISCLOSURE OF SECRETS.

The information is privileged. The worker can not reveal trade secrets or disclose confidential matters, to the detriment of the company.

FAULTS.

The employee may not accumulate more than three unexcused absences in a period of thirty days. The period begins to run on the first offense.

DISOBEDIENCE WITHOUT CAUSE.

As long as the contracted work concerned the worker can not disobey the employer without just cause.

RISK PREVENTION FAILURE.

The worker is required to take preventive measures or follow the procedures to avoid accidents or illnesses.

STATE OF INTOXICATION OR TOXIC.

Chuscamente the law states that a worker can be fired with cause if attends their work intoxicated or under the influence of any narcotic or drug unnerving. That is not funny but is not observed the possibility that the worker comes to work sober and during their journey they take their beers. Please do not be frightened Come and celebrate employers and workers. Fortunately, the law provides the analogy as cause for termination of contract. Excluded from this course events where there prescription to take a narcotic, in which case the employee shall make the employer aware and present the prescription signed by the physician.

PRISON.

. It is impossible to have a worker laboring from prison and therefore cause for termination without assuming responsibility where the worker is imposed by final judgment to imprisonment, which prevent the implementation of the employment relationship. Do not confuse with the arrest or detention, where there is a final and enforceable judgment, in which case only a cause for suspension of the employment relationship.

ANALOGY.

The analogy is a tool that allows the employer to use its right to terminate the employment relationship without liability if he commits acts or omissions of the same ways serious and similar consequences.

NOTICE OF TERMINATION OF CONTRACT

The law requires the employer to dismiss a worker wants to follow an "absurd" procedure under penalty of dismissal unjustified considering not followed. The most dangerous part is that if you follow this procedure, in most cases the employer will end up paying serious consequences.

"If the pattern runs with bad luck that:

• The notice of withdrawal shall be prepared by a specialist in the field;
• The employee refuses to sign the notice of termination;
• The pattern is not alert to the Board of Conciliation and Arbitration within the prescribed period;
• The pattern does not prove the grounds for termination during the procedure;
• Or that the pattern does not prove the worker's refusal to receive notice;

The dismissal to which we refer is deemed UNFAIR and condemn the employer to pay or enforcement action brought for dismissal, whether the amount of ninety days wages worker integrated, or its Restitution in employment, and wage payment fallen from the date of dismissal to the date on which employee is reinstated or damning compliance with the award.

Consequently, and to avoid paying the exorbitant sums of money pattern is suggested to avoid giving notice of termination to workers and seek an alternate procedure thereby saving time, effort and especially money.

UNFAIR DISMISSAL

When the pattern does not dismiss the employee for reasons other than those mentioned in Article 47, or follow the procedure established by law poorly, or not prove the cause of termination, dismissal is deemed unfair. In this case the worker may apply to the Board of Conciliation and Arbitration, at its option, be reinstated in the work performed, or to be compensated in the amount of three months' salary. If the trial does not check the pattern for the cause of termination, the employee is entitled, in addition, anyone who had been the intended action, to pay wages is due from the date of dismissal until they complete the award.

The famous twenty Diaz precede not pay for unfair dismissal.

TERMINATION OF CONTRACT FOR CAUSE ATTRIBUTABLE TO THE EMPLOYER.

The employed worker can also be separated from employment if the employer incurs any cause listed under Article 51 of the Federal Labor Law.

Causes for termination of the employment relationship, without liability to the worker:

DECEPTION.

The employer can not cheat the worker, and specifically in recruitment on working conditions. Like the employer the employee has thirty days to cancel the job from which to start service.

PROBIDAD LACK OF HONESTY U AGAINST THE WORKER.

The pattern, their families or their directors or administrative, within the service can not exercise acts involving violence, threats, insults, or similar ill-treatment, against the worker, his wife, concubine, parents, children or siblings.

PROBIDAD LACK OF HONESTY U OUT OF SERVICE.

Flow is also considered terminated if the same acts are so serious as to render impossible the fulfillment of the employment relationship.

SALARY REDUCTION.

The employer can not reduce the salary to the employee even if the worker is assigned a category of lower hierarchical position, which by itself is also a cause for termination.

NON-PAYMENT OF WAGES.

Cause for termination is not receiving the appropriate salary on the date or place agreed or customary. The worker must prove at trial the non-payment of wages and the demand for payment is made to the employer.

ANY MATERIALS.

The employer can not maliciously cause harm to workers, in their work or useful tools.

SEVERE DANGER.

Nor could endanger health, life or integrity of the employee or his family, either for lack of hygienic conditions for the establishment or non-compliance with preventive and safety measures prescribed by law.

PATTERN NEGLIGENCE.

If it turns out that the pattern is foolish to compromise with their imprudence or inexcusable neglect, the safety of property or persons that are in it, the employee may terminate the employment relationship with the Board of Conciliation and Arbitration without responsibility.

THE ANALOGY.

Allows The worker uses its judgment in the case of serious and also causes similar consequences, as far as work is concerned.

TIME FOR TERMINATION

Both the employer and the employee may terminate employment within thirty days of the date on which any of the reasons given above.

On the other hand if the employer certifies the causes of termination shall be obliged to pay the proportional benefits and wage earnings the worker, and the payment of the seniority premium payments consistent and twelve days salary for each year of service delivery, considering benefit paid double the minimum wage as a ceiling

The worker stating the reasons for the termination shall be entitled to the compensation pattern with the amount of three months' salary, wages due, seniority premiums and twenty days of salary for each year of service, one of the four cases that if any this indemnity.

Both terminations must be attempted before the Board of Conciliation and Arbitration, with the limitation that who terminates the contract, either the worker or the employer must prove the causes of termination, which makes many lawyers, opt for another way to have no burden of proof.