This is one of the mechanisms to terminate the employment contract.
The Approved good work It is one of the mechanisms to terminate the employment contract, for this requires the authorization of the employer to terminate an employment relationship when one of the parties has incurred in the causes provided by law.
This mechanism is stipulated in art. 172 of the Labor Code.
Art. 172.- Causes for which the employer can terminate the contract. The employer may terminate the employment contract, with prior approval, in the following cases:
1. For repeated and unjustified absences of punctuality or attendance at work or for abandonment of it for a time greater than three consecutive days, without just cause and provided that said causes have occurred within a monthly period of work.
2. Due to indiscipline or serious disobedience to the internal regulations legally approved.
3. Due to lack of probity or immoral conduct of the worker.
4. For serious injuries to the employer, his spouse, ascendants or descendants, or his representative.
5. Due to manifest ineptitude of the worker with respect to the occupation or work for which he undertook.
6. For unjustified complaint against the employer regarding the obligations in Social Security. Furthermore, if the complaint is justified, the worker’s stability will be assured for two years in permanent jobs.
7. For not complying with the safety, prevention and hygiene measures required by law, by its regulations or by the competent authority; or for contradicting, without due justification, the prescriptions and medical opinions.
Due, the employee will receive the pending salary and the benefits of the law. Nevertheless, You are not entitled to compensation for untimely dismissal and an eviction bonus, regardless of the number of years you have worked for a company or natural person.
Additionally, to the seven causes are added two more included in art. 310 of the Labor Code, What are they:
1. When the employee reveals secrets or makes disclosures that cause harm to the employer.
2. When the employee has induced the employer to enter into the contract by means of false certificates.
Employees can also initiate clearance proceedings against their employers and terminate the employment contract. The art. 173 of the Labor Code indicates the motivations:
1. For serious injuries inflicted by the employer, his relatives or representatives to the worker, his spouse or common-law partner, ascendants or descendants.
2. Due to decrease or lack of payment or punctuality in the payment of the agreed remuneration.
3. Because the employer requires the worker to perform a job other than that agreed upon, except in the emergency cases provided for in article 52 of this Code, but always within what is agreed in the contract or agreement.
Currently the approval process is a process that lasts approximately 30 days, during this time the Labor Inspector investigates the grounds for which the procedure was proposed. (I)
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