Disciplinary dismissal is the worst you can face as a worker. not entitled to compensationHowever you will get the one that matches you as a compromise.
Disciplinary dismissal occurs when the employer considers that there are serious reasons for firing the employee, for example, When there is frequent and unexcused absence from attendanceor when the employee physically or verbally assaults the employer or his associates.
There must be sufficient justification to carry out this type of dismissal, which is why it is done only when the matter is really serious.
Another peculiarity of disciplinary dismissal is that the company is not required to give 15 days’ notice, so the employee can be taken by surprise and have more leeway without intervention.
People who find themselves in this situation always ask themselves the same questions: Can unemployment be collected after a disciplinary dismissal?
Can unemployment be collected after a disciplinary dismissal?
The dismissed employee has the right to collect unemployment after a disciplinary dismissal, as long as he or she meets the requirements demanded by SEPE.
These are the requirements you must meet:
- Should have contributed minimum 360 days in last 6 years.
- Register as a job seeker and actively looking for work.
- File an unemployment claim within 15 business days of dismissal.
Collecting unemployment benefits is essential if you have suffered a disciplinary dismissal, because the lack of compensation can lead to financial problems if you don’t find another job soon.
How to know SEPE approved your unemployment request: This is the word you need to answer
An employee who has been dismissed in a disciplinary manner may receive unemployment because it was not his intention to leave the job, and in addition, he actively seeks a new position as a job seeker.
the type of dismissal and the compensation you receive in each case
Knowing the types of severance is important to getting the compensation that suits you in each case and how to plan your finances.
These are the types of dismissals a company can implement:
- Disciplinary Dismissal: As you already know, this is what happens after a very serious fault of the worker, it does not give the right to compensation.
- Objective Dismissal: The company finds a reasonable reason to carry it out, for example, low performance of the employee or economic problems in the organization; It entitles 20 days of compensation per year worked.
- Mass Dismissal: There are many company employees among those affected, at least 10 employees or 10% of the workforce; Should this be justified by economic issues or organizational changes in the company’s organization chart, the compensation is 20 days’ pay per year.
These are the dismissals carried out by the company, but it is also necessary to take into account the types that exist after the judgment, since the worker is usually condemned.
There are 3 situations that can happen:
- Dismissal is considered justified: If the company is right, the employee must leave and will be without the right to compensation, although he can collect unemployment if he meets the requirements.
- Dismissal is considered unfair: The employee is right, so the company has the option of reinstating him or paying him compensation for unfair dismissal.
- Dismissal is considered void: The worker has the right to be reinstated in the company, as well as to receive processing wages, that is, the wages that he has not received since his dismissal and until the sentence is published.
All dismissals have the right to unemployment, since the employee has not decided to leave the company.
The only situation in which you cannot collect unemployment is leaving the company of your own free will. Even if you meet the requirements, a voluntary leave does not entitle you to unemployment.