Just cause

In this article we will provide you the meaning of ‘just cause’ with 13 main reasons.

Just cause is the most severe sanction imposed for breaking the employment contract. It is characterized as a serious misconduct typified by law, invoked and proven by the injured contractor, which, due to its considerable extent and harmfulness, makes the immediate rupture of the employment contract justified and legitimized, leading the injured party to assume losses of a material nature. and/or immaterial.

The employee who commits a just cause loss loses the majority of his severance pay and may even suffer action brought by the employer as a form of compensation for damages; on the other hand, the employer who commits just cause, also called indirect dismissal, has the duty to pay all labor costs to the employee, as if he had dismissed him without just cause and, in addition, may have to compensate him for moral, material or immaterial damages.

What are the main reasons for just cause?

See now what are the most common causes of this type of dismissal

1. Act of misconduct

Dishonest employee actions or omissions, breach of trust, fraud or bad faith conduct in order to obtain advantages for oneself or for third parties are considered acts of improbity and justify dismissal.

Theft, falsification of documents , are classic examples of this type of cause for just cause.

2. Conduct incontinence or malpractice

Conduct incontinence applies in cases of indecent exposure, such as pornographic exposure, obscene things and general disrespect for co-workers and the institution.

Bad behavior, on the other hand, refers to irregular behavior that offends dignity, making it impossible to continue the employment contract .

Examples are harassment and breaking rules established by the company and agreed with the employee.

3. Usual trading

Among the reasons for just cause is what we call customary negotiation. In it, the employee performs a concurrent activity without the prior authorization of the employer.

That is, in the same line of business, hindering the exercise of their functions within the company.

 4. Criminal conviction

A non-appealable criminal conviction is one of the grounds for just cause. Not because the professional was convicted, but because the conviction prevents him from complying with his employment contract.

5. Desire

It is characterized by the constant repetition of light infractions, which accumulate and result in the employee’s dismissal.

Low production, frequent delays, unexcused absences, defective work are conditions that harm the company and characterize the employee’s lack of interest in their role.

6. Habitual or on-the-job drunkenness

In this case, just cause can happen if the employee arrives at work drunk or consumes during working hours. The state of inebriation needs to be proven by expert examination.

7. Violation of company secret

It is only considered a violation of the principle of confidentiality if the person to whom the information was passed on is capable of causing some kind of harm to the company.

8. Act of indiscipline or insubordination

Disobeying a direct order, whether verbal or written, is characterized as insubordination and one of the reasons for just cause in labor relations.

9. Abandonment of employment

Unjustified absence from work for more than 30 days is defined as job abandonment, in accordance with labor laws.

10. Physical offenses

Physical aggressions are very serious offenses when linked to employment, whether they are committed during working hours against colleagues or superiors or even outside the company.

And when it comes to third parties, it is also considered cause for just cause if the physical aggression happens in the work environment.

11. Injuries to honor and good reputation

In these cases, gestures and words that affect the personal dignity of others are included, and may result in the application of just cause.

12. Games of chance

The regular practice of games of chance or gambling during work hours can be grounds for just cause if they interfere with the employee’s routine.

13. Acts that threaten national security

An attack against national security, as long as it is investigated and proven by the competent authorities, is one of the reasons for just cause.

The practice of acts that threaten national security, as long as they are investigated by the administrative authorities, is a justified reason for the termination of the contract.