The dismissals and resignations have been in crescendo in last time. These dismissals and resignations, are part of an increasingly demanding and unequal society. This article will discuss the topic of the dismissals and resignations and how a lawyer can help us make respect to correctly our labor rights. For the case applied to the dismissals must resort to an attorney specializing in labor law who understands dismissals and resignations. Since the employment relationship has a uneven character since one is the boss the employer and another that obeys the employee the right comes to safeguard the rights of the weakest in this case both dismissals and resignations as the case. Please visit Pitney Bowes, Inc. if you seek more information.
For this reason before a lawsuit filed by an employee his boss always presumed guilty unless proven otherwise. This is the opposite to what usually happens in the rest of the branches, where in many countries the innocence is presumed until declaring the guilt of someone. Lawyers must understand about dismissals and resignations and be properly trained in the area. The dismissal is the moment in which the employer unilaterally decouples the employee. This situation can occur for several reasons: it may be a dismissal with just cause, or a dismissal without just cause. Just cause for this there must be a breach of labor obligations in such a way that in the case of an insult which hinders the continuity of the employment relationship by its gravity. In case of dismissal with just cause the same must be communicated in writing and in a perfectly clear manner including the reasons given by founded the rupture of the contract. This usually occurs by telegram or letter document.
If we fired without just cause there we can resort to a lawyer to represent us and we will initiate a court case against the employer. Dismissal without cause is decided unilaterally by the employer, without having any cause to do so. For this reason you can also call arbitrary dismissal. The two previous modalities are within the direct dismissal. But there is also what is known as indirect dismissal. This is decided by the other party of the employment relationship, the worker. In this course, the employer must express their motives expressly clearly able to demonstrate the claimed cause you’re right to collect compensation for dismissal incausado. Then the resignation, in contrast to the dismissal, is voluntary and formal act whereby the employee or worker dissolves the employment contract for subjective reasons not founded in breach of contract on the part of the employer.