Dismissal for reasons beyond the control of the employee, such as reorganization of the company, is legal only if it meets certain conditions clearly established by law.
The cause of dismissal must be real, not fictitious, and the formal conditions must be carefully observed.
In a recent case, TAB LAW’s lawyers obtained in court the annulment of the decision to dismiss an employee and his reinstatement in the position held before the dismissal, with the payment by the company of the full salary rights for the period from the date of dismissal until the date of reinstatement. post.
In this case, the reason for the dismissal proved to be fictitious, but in many other similar cases the dismissal decision was annulled by the court for simple procedural reasons generated by the employer’s negligence in carrying out the dismissal procedure.
The best way to protect and prevent this is through careful legal information before any individual decision is taken in such situations, so that legal requirements are met, especially with regard to compliance with procedural deadlines.