Causes of Termination of Work with Just Cause

he substantive labor code establishes the reasons why the work contract can be terminated with just cause by the employer to the worker and vice versa.

These causes generate the cessation of the contract definitively and totally.

By the employer:

  1. Having suffered deception by the worker, by submitting false certificates for admission or tending to obtain an improper benefit.

* Fraud by the worker in the presentation of documents, in order to obtain their own benefit

  1. Any act of violence, injury, bad treatment or serious indiscipline incurred by the worker in their work, against the employer, family members, management or co-workers.

* Aggressive behavior against their superiors, coworkers or people in their work environment that generate discomfort and discomfort when working

  1. Any serious act of violence, injury or bad treatment incurred by the worker outside the service, against the employer, his family members or their representatives and partners, workshop managers, guards or guardians.

* Aggressive behavior against your superior, co-workers or people in your work environment outside working hours that generate disturbances

  1. Any material damage caused intentionally to buildings, works, machinery and raw materials, instruments and other objects related to work, and any serious negligence that jeopardizes the safety of people or things.

* Deterioration or impairment of the different elements, instruments or goods of labor use that may cause damage to the workers, which affect the safety and the perfect performance of the functions.

  1. Any immoral or criminal act that the worker commits in the workshop, establishment or workplace or in the performance of their duties.

* Acts that affect good customs or violate the rules

  1. Any serious violation of the special obligations or prohibitions that concern the worker, or any serious offense qualified as such in collective agreements or conventions, arbitral decisions, individual contracts or regulations.

* Serious failure or breach of the regulations, agreements or covenants that are made in order to obtain an improvement.

  1. Preventive detention of the worker for more than thirty (30) days, unless subsequently acquitted; when the cause of the sanction is sufficient by itself to justify the termination of the contract.

* The feasibility and legality of the dismissal will depend on the decision of the judge at the end of the criminal process, the time limit is imposed in order to generate a balance between the provision and execution of the service, the employer may unilaterally terminate the contract by when the lack of one of the elements of the employment contract is presented, such as the personal presentation of the work.

  1. The worker reveals technical or commercial secrets or discloses matters of a reserved nature, to the detriment of the company.

* Evidence, comment, publish confidential information of private content to different people, companies, entities, etc.

  1. The poor performance at work in relation to the capacity of the worker and the average performance in similar work, when it is not corrected within a reasonable period of time despite the employer’s requirement.

* The worker does not fulfill the work for which he was hired, his work is remarkably deficient in relation to others; To apply for dismissal, the employer must:

  • Manifest to the worker in writing the cause of poor performance, this will be done twice.
  • Once the communications have been made, the employer must call the worker in order to present his downloads or a comparison with the other workers, the reasons are expressed.
  • Once the above points have been made, the worker may terminate the contract.

All this will be done in considerable time terms as expressed in decree 1373 of 1966

  1. Systematic non-execution, without valid reasons, by the worker, of conventional or legal obligations.

* Constant and repetitive resistance to fulfill the functions for which he was hired.

  1. Any vice of the worker that disrupts the discipline of the establishment.

* The use and abuse of different substances or elements that affect the work environment

  1. The systematic reluctance of the worker to accept the preventive, prophylactic or curative measures prescribed by the employer’s doctor or by the authorities to avoid illnesses or accidents.

* The denial by the worker to the adoption and use of different elements that allow the safety and protection of him and his companions.

  1. The ineptitude of the worker to perform the entrusted work.

* The worker is incapable and does not know how to perform the work for which he is hired

  1. The recognition to the worker of the retirement or disability pension while serving the company.

* The employer may unilaterally terminate the employment relationship with the worker, when the old-age pension is recognized and the worker is included in the list of pensioners.

  1. The contagious or chronic illness of the worker, which does not have a professional nature, as well as any other illness or injury that incapacitates him for work, whose cure has not been possible for one hundred eighty (180) days. The dismissal for this cause can only be made at the expiration of said period and does not exempt the employer from the legal and conventional benefits and compensation derived from the illness.

* The law establishes a term, article 227 of the substantive labor code, states that the worker has the right to monetary assistance when he has been proven unable to perform his duties caused by non-occupational disease, consisting of payment up to 180 days of salary, and in addition to this, to the necessary medical, pharmaceutical, surgical and hospital assistance, for up to six months.

By the worker:

  1. Having suffered deceit on the part of the employer, regarding the working conditions.

* Different work circumstances are agreed, which is not met by the employer.

  1. Any act of violence, bad treatment or serious threats inferred by the employer against the worker or his family members, inside or outside the service, or inferred within the service by the relatives, representatives or dependents of the employer with the consent or the tolerance of this one.

* All behavior that affects human dignity, this consists of harassment, physical and psychological abuse that does not allow an environment of harmony.

  1. Any act by the employer or its representatives that induces the worker to commit an illegal act or contrary to his political or religious beliefs.

* Encourage the worker to perform acts that go against the rules and morals.

  1. All the circumstances that the worker cannot foresee when concluding the contract, and that jeopardize their safety or health, and that the employer does not join in to modify.

* Activities that endanger workers, the employer does not implement measures to mitigate the risk they face

  1. Any damage caused maliciously by the employer to the worker in the provision of the service.

* Damage caused intentionally by the employer in order to generate damage to the worker

  1. The systematic breach without valid reasons by the employer of its conventional or legal obligations.

* The non-payment of wages, provision of work, etc. that allow a perfect execution of the employment relationship

  1. The requirement of the employer, without valid reasons, for the provision of a different service, or in places other than that for which he was hired,

* The imposition of developing work outside of which he was hired and of which he has no knowledge

  1. Any serious violation of the obligations or prohibitions that concern the employer or any serious fault qualified as such in collective agreements or conventions, arbitral decisions, individual contracts or regulations.

* The contempt or omission of obligations

The party that unilaterally terminates the employment contract must state to the other, at the time of termination, the cause or reason for that determination. Subsequently, different grounds or reasons can not be validly invoked.

 

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