Specific laws cover termination of an employment contract due to expiration of the protected period in dismissal cases where the only objective element is the expiration of the employee’s maximum number of days of absence due to illness or injury. These laws reconcile opposing employer and employee interests, giving the employee the right to health without losing support for an adequate and tolerable time. Once this period has expired, it becomes unreasonable to expect the employer to continue to bear the consequences that such absences cause to the company.
For this termination to be lawful, it is necessary to follow a timetable for when the employer can notify the employee of the termination. The employer is obligated to inform the employee of the imminent expiration of the protected period and explain to them that absences were being used as grounds for considering the job protection period expired.
De Luca & Partners focuses on employment issues during the termination phase and provides its clients assistance and advice to define and identify the most effective solution for achieving employment termination.
Following an accurate analysis of the case, the Firm’s professionals support the client to define the expiration of the protection period. They are then assisted in assessing the existence of additional burdens of proof and in drafting the dismissal letter that will be a guide for the judge assigned by the interested worker in determining the bonafide nature of the organisational process.
Its specific expertise and experience, permit De Luca & Partners’ professionals to assist clients by paying attention to each case’s unique nature, focusing on preventing any possible or potential claims.
