A well-written and clear letter of dismissal is essential for the entire process of dismissal to run smoothly.
Whether it is a letter of dismissal from the employee or a letter of dismissal from the employer, there are some rules that have to be followed as regards the content of the letter and the notice periods.
If these rules are not complied with, the dismissal letter may not be considered legal and thus the dismissal process will be delayed.
1. Letter of dismissal by the employee
Let’s start by talking about the letter of dismissal by the worker.
Before proceeding with the delivery of the letter of dismissal it is important to reflect well on this action and assess whether it is the correct attitude to take.
Whenever it is decided to proceed with the termination of the contract, it is necessary to verify whether the reasons that lead to the resignation wish cause that resignation to be with or without just cause.
If the dismissal is due, the only thing the worker has to do is hand the resignation letter to the employer and do not need to work another day.
But most of the cases of dismissal by the worker are a dismissal without just cause and for this reason it is necessary to respect some legal deadlines to make the notice to the employer of the decision.
The legal deadlines for early notice of a dismissal decision by the employee vary according to the type of employment contract you have and the length of time you have worked with the company.
Unlimited employment contract:
- Working less than 2 years – 30 days
- Working more than 2 years – 60 days
Uncertain Term Work Contract:
- Working less than 6 months – 15 days
- Working from 6 months to 2 years – 30 days
- Working more than 2 years – 60 days
Term employment contract:
- Working less than 6 months – 15 days
- Working more than 6 months – 30 days
Whenever the legal deadlines for notice of dismissal are not met the employee may have to compensate in the amount equivalent to their base salary, multiplying by the number of days of no notice.
The drawing up of the letter of dismissal is also very important to ensure that it is accepted.
The data that can never be missing in a letter of resignation are:
- Date
- Name and position of worker
- Clear information on the dismissal, including the justification for such dismissal (there is no need to make a will or a list of complaints in this field, for example, personal issues, problems with adapting to the schedule, etc.)
- Date on which notice is given and the last day of work
- Name
- signature
Look for an example letter of dismissal by the employer draft before sending your letter.
The term contract is the one that has a greater bond with the company and that is why we write a letter of dismissal for the term contract.
2. Letter of dismissal by the employer
The letter of dismissal by the employer respects the same rules of completion of the letter of dismissal by the employee and must be delivered taking into account the same times of notice.
Whenever there is a process of dismissal by the employer, the employee has the right to contest the dismissal and it is advisable to have a lawyer to do so.
If you are considering dismissal or received a letter of dismissal, be sure to consult your letter of dismissal minutes, to ensure that everything is legal.
