He dismissal is one of the risks of any employee when entering the labor marketly get a job. However, the Substantive Labor Code has established a series of guarantees to which workers are entitled in case of being fired.
(Read: Dismissals with or without just cause: the key differences).
Initially, you should start from the idea of if the dismissal was with or without just cause. In the latter case, the employee has the right to receive compensation from the employer.
Similarly, for the dismissal without just cause it is not necessary to give prior notice.
Along with this, the dismissal decision must be expressed in writing to the worker through a letter or a communication where the reasons why the decision has been made are indicatedas explained by the lawyer Leonardo Mejía.
(Read: Ecopetrol has a vacancy: it pays more than 6 million and an indefinite contract).
“You are informed of the day until which the contract will be in force and you are given, together with the notice of dismissal, other documents such as: the labor certification, the authorization to withdraw the severance pay from the fund, the order for the medical examination of discharge, and the final liquidation of social benefits, salaries and vacations“, points out the expert.
What is generally known as liquidation.
Also, you will You must submit proof of payment of social security contributions for the last three months.
It is the duty of the employer to guarantee that they pay all the credits that have been caused and that are pending cancellation until the moment the relationship is terminated, according to the expert.
(Keep reading: Unemployment in Colombia: the panorama of 2022 and what is coming for 2023).
Besides, “The worker has every right to go to the labor court for a judge to determine if the dismissal was fair or unfair.“, points out Mejía.
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