In order for this type of extinction to be considered in accordance with the law, it is necessary that, in addition to the reasons fitting into the legally established assumptions, a series of formalities must be respected. In this way, if the requirements are not met, the dismissal will be unfair. Said formal requirements are as follows written communication to the worker.
Stating the specific causes of termination; a corresponding indemnity of twenty days per year of work; and the granting of a notice period of fifteen days. The termination of the buy email database employment relationship of female workers in the event of maternity or similar will be null and void; risk during lactation or pregnancy; that of pregnant workers or those who have returned to work after any of the above cases.
Disciplinary dismissal is regulated in article 54 of the Workers' Statute , and it is that extinction taken by decision of the employer in the event of a culpable and serious breach of contract by the worker.. This will be considered in cases such as unjustified and repeated absences from work -attendance or punctuality-; lack of obedience or discipline at work; physical offenses and verbal offenses towards the employer, co-workers, or relatives; the breach of contractual good faith.