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Dismissal for objective reasons

In this article we are going to study the different reasons why a dismissal can be carried out for objective reasons. The regulations that regulate this type of dismissal underwent a change with the labor reform of 2012 and we are going to study the most relevant aspects of the current regulation.
What are the causes that can motivate a collective dismissal?
The regulation of dismissal for objective causes can be found in the article 52 of the Workers' Statute. This article includes 5 cases in which objective dismissal may be declared. We will focus on the first four reasons, since the last of them refers to a very specific case that only applies to non-profit entities.
First reason: worker ineptitude.
The first case consists of the objective dismissal due to the worker's ineptitude, regardless of whether it is known or occurs after his or her actual placement in the company. When we talk about ineptitude we refer to the lack of capacity of a person to correctly perform the functions required by the contract.
The Law clarifies that incompetence existing prior to the completion of a probationary period cannot be alleged after said completion. Therefore, if there has been a trial period for the worker in which ineptitude already existed, if once the trial period has passed the worker continues, he or she cannot subsequently be dismissed for objective reasons.
Second reason: lack of adaptation of the worker in his job.
The Law also states that an objective dismissal may be carried out when the worker does not adapt to the technical modifications made to his or her job, as long as the changes are reasonable. It must be taken into account that when these changes occur, the employer must offer the worker a course () in advance so that they adapt to the modifications.
Third reason: due to economic, technical, organizational or production reasons.
It may be the most complicated assumption to understand, so we are going to study it more slowly. To begin with, we can say that it is the dismissal that companies resort to when they suffer some type of difficulty.
Here we must take into account the number of affected workers, because depending on them we must differentiate between a dismissal for objective causes or a collective dismissal. To know if we are facing a collective dismissal we must take into account the size of the company, being of this type: if it affects 10 or more workers in companies with less than 100 workers; if it affects the 10% of workers in companies that have between 100 and 300 workers; and if it affects 30 or more workers in companies that have more than 300 workers.
We can differentiate between 4 types of problems that companies may encounter:

  1. Economic causes: when the company's results reveal a negative economic situation. This assumption is not completely defined, although the Law establishes that it may be invoked if for three consecutive quarters the level of ordinary income or sales of each quarter is lower than the level recorded in the same quarter of the previous year.
  2. Technical causes: when changes occur, among others, in the field of production means or instruments.
  3. Organizational causes: when changes occur, among others, in the area of staff work systems or methods or in the way production is organized
  4. Productive causes: when changes occur, among others, in the demand for the products or services that the company intends to place on the market.

As can be seen, these four reasons are not completely specified by the Law and we must study the specific reasons given by the company to know if we are facing a dismissal for objective reasons or not.
Fourth reason: due to lack of attendance at work.
This last reason operates even if the absences are justified but intermittent. The law justice - courtsestablishes different cases in which dismissal may be objective.
The first of this is when the absences reach 20% of working days in two consecutive months, provided that one of the following two reasons occurs: that the total of absences in the previous twelve months reaches 5% of working days. , or that the faults reach 25% in four discontinuous months within a twelve-month period.
It is important to say that the Law establishes that absences that occur for specific reasons are not counted as lack of attendance, among which we can highlight legal strikes, work accidents, maternity, risk during pregnancy and breastfeeding. , when the leave lasts more than 20 consecutive days, and for medical treatments for cancer or serious illness.
As has been seen, dismissal for objective reasons can occur for various reasons, so it is necessary to study case by case whether the requirements established by the Law are met.
I hope this information has been of interest to you and do not hesitate to leave a comment on any matter. You can also request information by contacting us.

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