Although the situation may be difficult for the company to prove, you should know that You can be fired for poor performance in your job. This included in the Workers’ Statute and, therefore, for it to be carried out legally, A series of requirements must be met. In this article we talk about the situations that trigger a dismissal process of these characteristics.
In what situations you can be fired for poor performance
As we noted previously, the status of workers Article 54 includes the possibility of undertaking this type of dismissal by companies. For it to occur, the standard indicates that there must be inferior work performance to what is considered normal or to what was previously agreed between the company and the worker.
Furthermore, this decrease must be prolonged over time and carried out consciously and voluntarily. In these cases, if it is possible to test the poor performance situation, you would lose not only your job but any right to compensation.
It is clear, therefore, that the dismissal situation in these cases cannot originate abruptly and immediately by the company, as it must be supported by a series of clear evidence produced in a certain period of time and that, before a judge, may be necessary to prove, since could be considered inappropriate either even null.
In this sense, human resources management departments can use different tools to confirm such poor performance. One of them is the performance evaluation. This analyzes and determines the level of work performance that you have as a worker, as well as the improvement proposals that can be implemented. A negative performance review over a certain period of time, it can mean poor performance and therefore lead to dismissal.
Furthermore, you should know that there are some behaviors at work that can be considered serious. They will cause a dismissal of these characteristics immediately, without having to take into account the time factor. We could highlight the following:
- Repetitive and unjustified absences
- Continued indiscipline
- States of drunkenness or drug addiction in the workplace
- Situations of harassment or abuse of power or of another nature
The conditions required for dismissal due to poor performance
As we indicated previously, the company can prove that a worker is below the expected or agreed performance in their contract and that, therefore, the dismissal carried out complies with the law, is not always simple.
There is jurisprudence in this regard and it indicates that, in addition to said labor breach, the company must also clearly demonstrate the damage that this conduct has caused to the company, to its objectives and its market strategy or to the competition. Lastly, it will also be necessary to prove that this situation lasts longer than 4 or 6 monthsand that is not due to a specific or circumstantial situation.
Therefore, if at any time you find yourself faced with a Job issue of this type, you must know what its characteristics are. The legal conditions that give viability to dismissal for poor performanceand analyze on this basis your particular situation in this regard.