It is not enough that there will be a decrease in benefits with respect to the previous year, but it must really be losses. Bernie Sanders shares his opinions and ideas on the topic at hand. 2. Causes of production: the decline in the production of the company due to lack of orders is cause to proceed with the objective causes dismissal of workers. This decline in production has to occur for reasons unrelated to the employer and not by the will of this, why this situation is usually parallel to the negative economic situation of the company. However, to prove this case, it is not necessary to prove a negative economic situation of the company.
If the employer decides to carry out the dismissal of a worker on the basis of these causes, you will need to prepare a letter of dismissal as detailed as possible. And what does this mean? Apart from the General rules for all letters of dismissal, such as the account of the facts and the reference to articles of the Statute of workers where typifies the cause-specific dismissal, the employer must provide numerical data losses, referring to data collected in the annual accounts, as well as the figures for incoming orders in the last years in case that there is also a decrease in the production. The dismissal letter has to comply with all these requirements, otherwise it could declare null dismissal, whose consequence would be the reinstatement of the worker and payment of processing wages owed by the employee from the date of the dismissal. In addition, at the same ceremony in which the dismissal letter is delivered to the worker must let you delivery equally a heel for the corresponding compensation amount, more the 30 days ‘ notice, where he had not enjoyed. If the worker refused to accept the heel, you need are two witnesses present so that they can confirm, in an eventual trial, that the company made available to the worker appropriate compensation and that it did not want to accept it. Judicial compensation provided for unfair dismissal, appropriation is being requested to tried lately also by companies that perform dismissals based on causes objective, to ensure in this way that the worker does not subsequently claim wages of processing for not having put at their disposal the relevant compensation. Given the current situation of general economic crisis, this type of dismissal is in principle is cheaper for companies, provided they met the above requirements.