Resignations
In this article the basics of layoffs and resignations This article is based on the theme of layoffs and resignations, and how a professional can help to properly enforce labor rights. For the case applied to dismissals should be made by a labor law attorney who understands dismissals and resignations. The firings and resignations have increased recently. These layoffs and resignations, are inserted into an increasingly demanding society and unequal. Because the employment relationship is an unequal basis because one is in charge the employer and one who obeys the employee is entitled to care in this case the rights of the weakest in both dismissals and resignations as appropriate.
For this reason face a suit by an employee your boss always presumed guilty unless proven otherwise. This is the opposite of what usually happens in the rest of the branches, where in many countries is presumed innocent until someone finding of guilt. Lawyers should know about and be layoffs and resignations properly trained in the area. Then the resignation, in contrast to the dismissal, is the formal and voluntary act in which the employee dissolve the employment contract for reasons not based on subjective breach of contract by the employer. The dismissal is when an employer split the employee. This situation can occur for several reasons: it may be a dismissal with just cause, or dismissal without just cause. If it is for just cause must be a breach of work duties so that the case of a serious injury that prevents him from continuing his employment link.
In the case of dismissal with just cause it must be communicated in writing and in a very clear including the reasons given for breach of contract founded. This usually occurs or by telegram or letter paper. If we are fired without just cause there we need a lawyer to represent us and start a legal case against the employer. The dismissal without cause is that decided unilaterally by the employer without any cause to do so. For this reason also be called arbitrary dismissal. The two previous methods are within the direct firing. But there is also what is known as constructive discharge. This is decided by the other part of the employment relationship, the worker. In this case, the employer must state its reasons clearly and specifically as you can demonstrate that the reason adduced will be entitled to severance payments uncaused.