Notifying an employee of their dismissal is a procedure that must be followed carefully, since if it is carried out incorrectly it could lead to its cancellation.
How to notify a dismissal?
The dismissal must be communicated in writing, stating the reasons for it and the date on which it will take effect. The period of communication depends on the reasons for which it is made, although it is normal to inform the employee 15 days in advance.
The employer must be aware that the employee has received the dismissal letter . For this reason, it is advisable to send it by registered mail or notarized document. If the employee refuses to collect it, it will be understood that he has been notified as long as there are sufficiently conclusive facts from which the employer's intention to terminate the employment relationship can be established.
The letter will state the date brazil whatsapp shopping data from which the dismissal will take effect, as well as the reasons for it . These reasons must be precise and sufficient, since, in the event of a claim by the employee, no other reasons may be alleged in the legal proceedings.
In the event that economic reasons are alleged, the employer must make the compensation available to the employee, unless it is proven beyond a doubt that it is impossible to do so at that time.
Formal defects can lead to a dismissal being declared unfair. In this case, the employer may carry out a new dismissal in which the formal requirements omitted in the initial dismissal are met, provided that the same causes are maintained. This new dismissal must be carried out within twenty days of the first dismissal and will take effect from its date.
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