Economic Causes

Economic causes: it must exist a negative, real and present situation economic, that affects the company as a whole. This negative situation has to be reflected as losses in the annual accounts. It is not enough whereupon there is a diminution of the benefits with respect to the previous year, but it really must have losses. 2. Causes of production: the reduction in the production of the company due to the lack of orders is cause to come to the dismissal by objective causes of the workers. This reduction of the production has to take place by causes other people’s to the industralist and not by the will of this one, for that reason normally this situation goes parallel to the negative economic situation of the company.

Nevertheless, to credit this cause, it is not necessary to prove a negative economic situation of the company. If the industralist decides to carry out the dismissal of a worker on the basis of these causes, will have to prepare a letter of the possible most detailed dismissal. And what means this? Aside from the general rules for all the letters of dismissal, as they are the story of the concrete facts and the reference to articles of the Statute of the Workers where the specific cause of the dismissal is typified, the industralist has to provide numeric data of the losses, doing reference to the data picked up in the annual accounts, as well as the numeric data of the incoming orders in last years in case a diminution of the production also exists. The dismissal letter has to fulfill all these requirements, otherwise the dismissal like null could be declared, whose consequence would be the reinstatement of the worker and the payment of the wages of procedure stopped to perceive by the worker from the date of the dismissal. In addition, in the same act in which it is given the letter of dismissal to the worker has to be also made him delivery of a heel by the amount of the corresponding indemnification, plus the advance warning of 30 days in case it had not enjoyed it. If the worker refused to accept the heel, is necessary that they are two present witnesses so that they can confirm, in a possible judgment, that the company put at the disposal of the worker the corresponding indemnification and that this one did not want to accept it. The judicial consigment of the indemnification anticipated for the inadmissible dismissals, is being solicitd to the Courts lately also by the companies that realise dismissals on the basis of causes objective, to make sure this way that the worker does not demand wages of procedure later by not to have made his available the pertinent indemnification. Before the present situation of general economic crisis, this type of dismissals is the one that in principle is economic for the companies as long as they satisfy the requirements mentioned-above.