In a company, the decision to end a job may seem sudden, but is provided for in law. The extinction of functions that were previously indispensable often arises associated with changes in the market, internal transformations or economic reasons.
What many are unaware of is that this type of dismissal obeys strict criteria and gives the worker rights identical to those of a collective dismissal.
EXTINCTION OF THE WORK
According to Ekonomist, a website specializing in business and finance, the Labor Code provides for the termination of the job as one of the reasons that may justify individual dismissal. In practice, this means that a company can advance with this decision when facing economic reasons, structural or technological changes, or changes in the market itself.
To do so, however, the law requires the employer to prove it first that there is no viable alternative to keep the function into question.
Selection of workers to say goodbye
When there is more than an identical post, the choice of those who leave follow predefined criteria. Antiquity weighs: The worker who entered most recently will be the first to be dismissed. Also the performance evaluation counts, but only if it has been done before the extinction process. If this evaluation exists, the employee with the worst result is what loses the place.
Another criterion is the degree of qualifications. The most qualified have priority to remain. The company may also consider the costs associated with the post, which means that more costly functions are more vulnerable to cutting. Finally, experience continues to be valued. Those who have accumulated more years of practice tend to be protected from the less experienced.
Rights guaranteed by law
According to the same source, the worker dismissed through the extinction of the job maintains the same rights as those who are covered by a collective dismissal. Among them is the notice, which varies depending on antiquity. There is also the right to credit of hours to look for new employment and financial compensation calculated according to the years of service provided.
It is also important to remember that the dismissal does not result from any fault or failure of the worker. It is an exclusive decision of the employer.
Where to appeal in case of irregularities
Not always, however, the law is respected. There are companies that resort to this mechanism as a way to reduce personnel without meeting all requirements.
In these cases, according to the worker, the worker may file a complaint with the authority for labor conditions, the entity responsible for the inspection. The complaint is made anonymously, which ensures protection to those who present it.
Thus, even in scenarios of uncertainty, there is legal framework that seeks to balance the needs of companies and the defense of workers.
Also read:
