Motivos autorizados (despido justificado): razones económicas; conducta del trabajador; capacidad del trabajador
The following are considered to be valid grounds for terminations (art. 23 LC): 1) Agreement of the both parties, 2) Expiry of the term of the contract, (3) Retirement, (4) Death, (5) Disability and incapability that hinder the performance of work, (6) Cessation of work for more than six months, (7) Dissolution of the organization or reduction in the number of workers, (8) Final conviction to imprisonment, (9) Repeated breach of work after disciplinary warnings. (10) Refusal by the worker to work after a reassignment to his/her previous position, (11) Unsatisfactory probationary period.
In addition art. 101 LC regulates disciplinary dismissal which is allowed in the event of absence from work for 20 consecutive days without a good cause and in the event of repeated violations of disciplinary rules.
Motivos prohibidos: licencia de maternidad
- No prohibited ground for dismissals listed in the LC. - Similarly, the LC does not contain any list of prohibited grounds for discrimination. Art. 9 LC prohibits any discrimination in recruiting a person, paying the salaries and the allowances to the staff, making a profession, the right to education and providing the social protection. - Art. 125 LC prohibits the refusal to employ a women or wages reduction on the grounds of pregnancy or nursing their children but is silent as to dismissal on the same grounds. - Art. 147(3) LC provides for the right of employees to participate in trade unions but is silent as to discrimination on the grounds of trade union activities.
Trabajadores que gozan de una protección particular (fuero): mujeres embarazadas o con licencia de maternidad
Art. 28 LC prohibits any transfer or termination of employment during any paid leave period unless the undertaking has been dissolved. This means that dismissal is not permitted during maternity leave (90 days). However this protection does not cover the entire pregnancy period.