Redundancy
Once the authorization, the employer may begin firing. company Although vitamin the law sets no deadline for doing so, we must take into account the time limits for collective above (it is usually done within 90 days), the possible revocation of the health administrative leave, the predictions were made about the extinction in authorization application, or what the connection can be established in the resolution which was issued in response to that request.
The Act does not vitamins stipulate the form of fire. However, the extinction must be reported solid evidence, in the Communication by the existence of the authorization.
The selection of workers to dismiss sales the employer will, subject to the project in the application and respect their constitutional rights, labor rights to the extent possible and the principle of good faith. Must also be borne in mind that the law establishes the priority of staying in the company of representatives of workers in the products event of cancer collective redundancies.
Every worker has the right to be companies entitled to an allowance of 20 days per year of service, prorated monthly periods of less than 1 year (allowance equal to the dismissal of the target). This compensation shall be made available simultaneously to the decision extinctive.
The allowance will be paid by the wage guarantee fund (FOGASA) (with a maximum of 1 year, without the daily wage, exceed twice the minimum wage), is insolvent, insolvency, bankruptcy nutrition or being creditors of the employer.
In any case, companies with fewer than 25 workers, FOGASA pay 40 of the corresponding legal compensation provided under the limits of the preceding paragraph.
- The Record and Herald News
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