When the employee receives notification of dismissal from the company, he or she will have 20 working days to challenge it. Before going to court, he or she must submit a conciliation form to the Mediation, Arbitration and Conciliation Service. This is a preliminary step to going to court to try to reach an agreement with the company.
After the conciliation act, if no agreement has been reached, a claim will be filed in whatsapp australia contact number the Social Court. Before the hearing, there will be another conciliation act before the Clerk of the Court of Justice and then the trial will be held.
After the trial, the judge will issue a ruling and indicate whether the dismissal is declared void or not. If the judge declares the dismissal void, the company is obliged to reinstate the employee in the same position and under the same conditions.
Furthermore, when a dismissal is declared void, it is as if the worker had to continue working, and therefore must receive wages from the time the dismissal takes place until the notification of the sentence. This is what is known as: procedural wages .
Likewise, the employer must register the worker with Social Security and pay contributions for the period of dismissal .
Important : the worker also has the obligation to return to work. In other words, both parties have the duty to comply with the ruling. If the worker decides not to return to work, he or she loses the right to receive the wages of the proceedings and will be considered to have abandoned his or her job.
Procedures for declaring a dismissal void
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