Mistakes which may end up being expensive in the indemnity for dismissal for objective reasons
One of the aspects which has always caused most concern when embarking on a dismissal for objective reasons is the correct provision of the indemnity provided for this form of termination of contracts.
The provision of the indemnity itself at the same time as the notice of dismissal, by check or transfer. The determination of the salary to be taken into account for the calculation of the indemnity, in particular in cases with complex items of remuneration. The correct identification of the worker’s period of service, when there are previous temporary contracts or possible prior situations of a transfer of undertaking. The arithmetical calculation itself, which may backfire on us.
In short, there are many elements which must be taken into consideration and various factors which may go wrong and may lead to the indemnity being considered not to have been effectively made available. As we already know, the current consequence of such circumstance is the consideration of the dismissal as unjustified due to formal defects.
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