DISMISSAL FOR A FACT ATTRIBUTABLE TO THE EMPLOYEE: ANALYSIS OF THE CONCEPT OF JUST CAUSE

Abstract

Given the weak position that workers occupy in the employment contract, due to the legal subordination to which they are bound, and for economic reasons, it is imperative that the law is particularly sensitive to the situation of workers, and there is a need to ensure their security and stability in employment, prohibiting dismissals without just cause. In this article, we will focus on dismissal for reasons attributable to the employee, i.e., dismissal with subjective just cause, which consists of the employer's right to dismiss an employee who has failed to comply with his employment duties. Thus, just cause must exist for the effect. However, it is neither easy nor straightforward to know if there is actually just cause for dismissal, since just cause comes through a general clause that constitutes an undetermined concept. We must, therefore, although not exhaustively, analyze the indeterminate concept of just cause, scrutinizing its various integral elements and analyzing the criteria provided by the legislature for its assessment.