Puerto Rico Termination Letter (Excessive Absenteeism)
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FAQ
4 of 26 January 2017 (the Labor Transformation and Flexibility Act (Law No. 4)), requires that termination be for 'just cause' (or the payment of a statutory severance). A termination is for 'just cause' if it is not motivated by legally prohibited reasons or the product of the employer's caprice.
Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.
285 indicates the just causes for resignation as follows: serious insult to the honor and person of the employee; inhuman and unbearable treatment accorded the employee by the employer or his representative; crime committed against the person of the employee or any immediate members of the employee's family; and.
283 of the Labor Code states that an employee can be terminated due to business reasons such as: installation of labor-saving devices; redundancy; retrenchment (reduction of costs) to prevent losses; or.
A just cause termination means that the employer has terminated your employment on the basis of serious misconduct that goes to the heart of your employment contract. A just cause termination means that the misconduct was severe enough such that your employment relationship cannot be repaired.
In short, just cause for termination is severe misconduct, neglect or incompetence on the part of an employee. Usually, employers must provide employees notice or termination pay in lieu of notice before their employment can be terminated (these are called without cause terminations).
Just causes of termination refer to serious misconduct, willful disobedience or insubordination, gross and habitual neglect of duties, fraud or wilful breach of trust, loss of confidence, commission of a crime or offense, and analogous causes.
Acceptable Reasons for TerminationIncompetence, including lack of productivity or poor quality of work.Insubordination and related issues such as dishonesty or breaking company rules.Attendance issues, such as frequent absences or chronic tardiness.Theft or other criminal behavior including revealing trade secrets.More items...
Under The Delhi Shops and Establishments Act of 1954, an employer cannot terminate an employee who has been with the corporation for more than three months without giving the employee at least 30 days of notice or a salary in lieu of such notice.
It is called just causes because the termination of employment is justified due to an employee's actions, behavior, or omission, either of which resulted in a serious or grave violation of the law, employment contract, company policies, collective bargaining agreement, and any other employment agreement.
