What is a disciplinary dismissal?
In the workplace, there are different types of dismissal possible. It must always be understood that dismissal is the last resort that can be applied and that it is the maximum sanction that can be imposed on an employee and this is the case of disciplinary dismissal. Let’s see in this article some aspects about it.
Obvious and obviously, although for the company the application of disciplinary dismissal has innumerable advantages against, for example, making an unfair dismissal, it cannot be applied freely and at the discretion of the company. Disciplinary dismissal should not, and cannot, apply lightly, but it is important to know that it is an option on the table that, whenever it can be applied, should be applied.
One of the clear advantages of disciplinary dismissal is that the same (being for causes, we could say intentional or malicious on the part of the employee, and not for causes attributable to the company or others that would not lead to such dismissal) will allow the company does not have to pay any compensation to the employee or to the employee who has been dismissed or dismissed through disciplinary dismissal.
Attention to indicate that the disciplinary dismissal does not give rise to compensation to the dismissed person does not mean that he/she is not entitled to receive the emoluments, the money owed to him until that moment. This will be done through this settlement, but the great advantage is that this settlement should not include compensation for any dismissal.
As indicated above, disciplinary dismissal is not a type of dismissal that can be applied lightly. It is expressly regulated by the Workers’ Statute and, in addition, each collective agreement can incorporate elements of greater protection so that it can be applied and not declared null subsequently.
The improper application of a disciplinary dismissal can lead to the nullity of the same if the employee claims against the company and this is extremely dangerous, because the company will not only be forced to readmit the employed person, but will also be forced to pay all salaries (the so-called processing salaries) that will go from the moment in which there took place the disciplinary discharge until now in which the same one is considered to be valid.
It can also be that the judge can dictate that the dismissal is not valid, but inadmissible, in this case we will find ourselves in the event that if the employer does not return to the company he will have to be compensated based on what corresponds to him for unfair dismissal.
Finally, and in order to define in a general and very generic way the circumstances in which the disciplinary dismissal can be applied we can say that it can be applied in cases of unjustified absences of the employee to work or constant delays, when the same is undisciplined or disobedient, when he incurs offenses against colleagues or superiors, damages the reputation of the company, carries out harassment and other assumptions that could be mentioned.