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Unjustified dismissal of a worker - Coggle Diagram
Unjustified dismissal of a worker
What is it?
In Mexico, it is when a company or boss, fires an employee without explaining a reasonable cause to finish the work relationship, that are explained in the federal labor law
According to the Federal Labor Law, some reasons to get fired are
The worker does not fulfill with the capacities he told before contracting him, basically lie (I)
If the employee creates or encourage a violent workspace, between the workers or directive and administrative staff (II and III)
Chapter IV. Termination of employment relationships. Article 47
If the worker attempts violently against the boss, familiars or directive administrative staff (IV)
If the worker intentionally damages the material of the company while working, such as: buildings, machineries, tools, raw materials and many other objects (V)
If the worker realize inmoral acts or sexual harrasment against any person in the establishment or workspace (VIII)
The boss can be exempted to reinstall an employee in the following cases
If the employee has less than a year working in the company
Remember that if the reinstallation is not an option, there will be a monetary compensation
Chapter IV. Termination of employment relationships. Article 49
If the employees are casual workers
In case the employees are trusted workers
In case it is a domestic service
What can an employee demand if it is unfairly dismissed?
With the support of the Conciliation and Arbitration Board, the employee can ask for being reinstalled in the work he/she performed or get an amount equivalent to 3 months of salary as a compensation.
Chapter IV. Termination of employment relationships. Article 48
Seniority bonus that consists in the amount of twelve days of salary by each year worked.
Of course there are more, but these are the basic and minimum demands an employee must ask for
Get the pay of timed out salaries since the dismissal day up to 12 months as a maximum.
Chapter IV. Rights of preference, seniority and promotion. Article 162
And finally all the benefits an employee generated and the company did not pay in the past