DISMISSAL FOR INADAPTATION
» Concept Termination of the contract for inadaptation subsequent of the worker to the work position
» Situations of inadaptation 1. Continued reduction of the productivity or of the quality 2. Repeated failures in the means assigned to the work position 3. Risks for the safety and health of the worker himself/herself or of third parties 4. Non compliance with the set and accepted objectives, as a result of the mode of fulfilment of functions corresponding to careers or categories of degree 3 of functional complexity, verified in an performance assessment procedure
» Cumulative requirements for dismissal in situations 1 to 3 » Changes of technology, equipments/facilities or working procedures in the preceding 6 months have occurred » Suitable vocational training with regard to changes introduced has been provided » A minimum of 30 days of fulfilment of functions after the training has run and that fulfilment of functions cause damage or risk for the worker himself/herself or for third parties » There is not in the service other work position compatible with the category of the worker » The inadaptation of the worker that is not proven for lack of safety, hygiene and health conditions at work
» The compensation corresponding to a month of basic remuneration for each year or fraction of fulfilment of public functions, at the least, of 3 months be made available to the worker » Cumulative requirements for the dismissal in the situation 4 » The introduction of new technologies or working methods implies change in the functions of the work position » Lack of safety and health conditions at work imputable to the employer entity may not be verified » The compensation corresponding to a month of basic remuneration for each year or fraction of fulfilment of public functions, at the least of 3 months be made available to the worker » Re-filling of the work place
If the dismissal process shall be initiated until 3 months on the date of filling of the work position to which the worker does not reveal adaptation, the worker is entitled to return to his/her prior work position, save if this one shall have been extinct » Procedure » The worker receives a prior notice in writing with antecedence not lower than 60 days on the date of the termination of the contract » If the prior notice shall not be complied with, the early termination of the contract shall not take place and the employer entity is obliged to pay the remuneration corresponding to the missing period » During the prior notice period, the worker may repudiate the contract with 3 working days of antecedence, without loss of the right to compensation » The decision on dismissal shall be communicated to the worker, to the workers’ committees and representative trade union associations informing: - The reasons for the termination of the contract - The changes introduced, results of training and the period of adaptation granted to the worker - The inexistence of other compatible work position » The contracted worker for an indefinite period of time may request his/her placement under special mobility See Lapsing – Reasons of the lapsing – absolute and definitive impossibility subsequent of the public entity receiving the work of a contracted worker for an indefinite period of time » Within the time limit of 10 days the representative structure of the workers may give opinion and the worker may institute legal action against the dismissal
» Decision » 5 days after the end of the time limit of 10 days granted to the worker, workers’ committee and representative trade union structures, The employer entity takes the decision justified of which it is set out: - Reason for termination of the contract - Verification of the cumulative requirements, inexistence of an alternative work place and possible refusal of the work position proposed to the worker - Amount of the compensation - Date of the termination of the contract
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