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How to Write Letter of Dismissal

A letter of dismissal well-written and clear is essential to make the whole process of dismissal adequately.

Is a letter of dismissal filed by the worker, or a letter of dismissal shown by the employer, there are a few rules that must be adhered to with regard to the content of the letter and notice periods.

If these rules are not followed, the letter of dismissal can not be considered legal and in this way, the process of dismissal will be dragged for more time.

1. The letter of dismissal by the worker

Let's start by talking about the letter of dismissal by the employee.

The letter of dismissal by the worker

Before you proceed with the delivery of the letter of dismissal it is important to reflect well on this action, and to evaluate if this is the right attitude to take.

Always that if you decide to proceed with the termination of the contract, it is necessary to check whether the reasons that lead to the will of the dismissal are such that this dismissal is with or without just cause.

In the case of the dismissal to be with just cause, the only thing that the worker has to do is deliver the letter of resignation to the employer and do not need to work one more day.

But the majority of the cases of dismissal by the worker it is a dismissal without fair cause, and for this reason it is necessary to respect certain legal deadlines to make the notice to the employer of the decision.

The legal deadlines for the notice about a decision of dismissal by the employee vary according to the type of employment contract that has effect and the period of time that has already worked with the company.

Work contract term:

  • Working for less than 2 years – 30 days
  • Working for more than 2 years – 60 days

Employment contract the uncertain term:

  • Working for less than 6 months – 15 days
  • Working between 6 months and 2 years – 30 days
  • Working for more than 2 years – 60 days

Work contract term:

  • Working for less than 6 months – 15 days
  • Working for more than 6 months – 30 days

Whenever the statutory time limits for notice of dismissal are not met, the employee may have to pay compensation in the amount equivalent to your salary base multiplied by the number of days of lack of warning.

The preparation of the letter of dismissal is also very important to ensure that this is accepted.

The data that can never miss in a resignation letter are:

  • Date
  • Name and job title of the worker
  • Clear information about the dismissal, including the justification of such dismissal (in this field it is not necessary to make a will or make a list of complaints, it is sufficient to note, for example, personal issues, problems adapting to the time, among others)
  • The date on which the notice starts and the last day of work
  • Name
  • Signature

Look for a sample letter of dismissal by the employer the draft before you send your letter.

The fixed-term contract is one that has a greater bond with the company and that for this reason we wrote a letter of dismissal to the fixed-term contract. 

2. The letter of dismissal by the employer

The letter of dismissal by the employer respects the same standards of filling of the letter of dismissal by the employee and must be delivered, taking into account the same times of notice.

The letter of dismissal by the employer

Whenever there is a process of dismissal by the employer the worker has the right to contest the dismissal, it is advisable to make use of a lawyer to do this.

If you are considering taking leave, or received a letter of dismissal do not forget to refer to our letter of redundancy template, in order to ensure that everything is legal.

 

 

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