In the dynamic labor world, The relationship between employer and employee is governed by a strict legal framework that seeks to protect the rights of both parties. However, there are situations in which the continuity of this relationship is compromised, leading to the possibility of dismissal.
In Colombiathe law clearly and detailed the reasons why an employer can terminate a work contract unilaterally and justified, without incurring compensation.
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According to Carolina Porras, leader of the work area of Philippi Prietocarrizosa Ferrero Du & Uría (PPU)the causes that empowers the employer to terminate a employment contract with just cause are rigorously defined in Colombian legislation, specifically in article 62 of the Substantive Labor Code.
This legal provision lists in a taxative way the circumstances that legitimize said decision.
Layoffs
“These include the execution of acts of violence, insult or severe indiscipline during the working day; the intentional damage to the goods of the company; the serious breach of the inherent obligations or prohibitions in charge of the worker; the poor performance of the employee in relation to their capacity; the commission of immoral or criminal acts in the exercise of their functions; and the recognition of the retirement or disability pension while the worker is at the service of the employer”, Says Porras.
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It is crucial to emphasize that the employer does not have the power to institute causes of dismissal other than those enshrined in the law. Nevertheless, It is recommended that both the employment contract and the Internal Labor Regulations detail and classify specific behaviors considered as serious offenses or breaches of obligations and prohibitions.
This can materialize through the establishment of clear standards regarding confidentiality, integrity, adequate use of tools, compliance with goals, professional relationship guidelines and conflict prevention.
The works that have more resignations.
In relation to the disciplinary faculty of the employer, the expert points out that the Labor Chamber of the Supreme Court of Justice has endorsed the categorization that it performs of certain behaviors as serious, as long as this qualification is reasonable. However, it is important to note that, in case of controversy, a labor judge will have the power to verify if the behavior qualified by the employer effectively holds sufficient gravity to justify the unilateral termination of the contract.
This has been reiterated by the Court in its SL2857-2023 Judgmentunderlining that this disciplinary alternative should always be exercised under the principles of reasonability and proportionality.
Regular duct
Although Colombian labor law contemplates causes of dismissal with just cause that allow the immediate termination of the contract, Not all fault committed by a worker merits such a drastic sanction.
The legal system, in order to protect the right to work and promote equitable labor relations, establishes a system of sanctions that seeks correction and performance improvementinstead of automatic extinction of the labor bond.
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In this sense, the question about the mandatory for companies to apply progressive disciplinary measures, such as calling for attention or suspensions, arises before considering a dismissal.
Catalina Santos, work partner of Brigard UrrutiaHe explains that the sanctions scale is one that is established in the Internal Labor Regulations. In this way, the employer may apply the sanction as established in this scale.
“In any case, the employer has the power to exercise or not the disciplinary action as long as he does not act discriminatory”, Says Santos. The experts emphasize that a particular case that illustrates the need for a rigorous procedure is that of the termination of the contract for low performance.
Clara González
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