Untimely Fired

Said decision is assumed by the employer, without the consent of the worker, without prior notice and without justification; which finally causes the worker to be unemployed; and, failing that, it obliges the employer to pay the worker compensation for untimely dismissal, in accordance with the provisions of article 188 of the Labor Code.

CONCILIATION

Conciliation, in law, is an alternative means to jurisdiction to resolve conflicts, through which the parties resolve, by themselves and by agreement, a legal conflict with the intervention or collaboration of a third party.

¿Is a conflict? Yes, but first of all we need to know ¿What is a conflict?

Conflict is a situation which two or more people with different interests come into confrontation however, not all conflict is clearly positive there are also positive features.

The majority of cases that exist of untimely fired occur in companies that are going through bad economic times, downsizing or non-compliance with employee obligations.

Most of the time, the employees who were fired in this way do not know what to do or if they report it, they generate a huge conflict and it is not always positive for both parties.

ADR methods are positive in order to find the solution to this conflict. Taking into account the positive aspects of this method

Neutral

Flexible

Confidentiality

Cost

Celerity

Most of these conflicts occur because there is a disagreement between the two parties, so the mediator or conflictologist must establish an equitable agreement according to the established norm and common sense

According to the provisions of article 51 of the Organic Law on Disabilities, he must be compensated with an amount equivalent to eighteen months of the best remuneration received, in addition to the compensation stipulated in article 188 of the Labor Code. In the case of untimely fired of union leaders, the compensation will be one year of remuneration, in addition to the compensation established in article 188 ibid.