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It prohibits termination of employment of Private employees except for just or authorized causes as prescribed in Article 282 to 284 of the Code. [5] The right to self-organization of a union is expressly recognized, as is the right of a union to insist on a closed shop.
art 2, establishes the scope and says short fixed term, probationary or casual workers may be excluded; art 3, defines termination as at the initiative of the employer; art 4, says the employer must have a valid reason for termination based on "the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service"
A less severe form of involuntary termination is often referred to as a layoff (also redundancy or being made redundant in British English). A layoff is usually not strictly related to personal performance but instead due to economic cycles or the company's need to restructure itself, the firm itself going out of business, or a change in the function of the employer (for example, a certain ...
In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law.
This article allows an employee to request termination of the employment relationship due to serious breaches by the employer. When justified, the employee is entitled to compensation equivalent to that of unfair dismissal and unemployment benefits, provided they have paid the requisite contributions.
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Just cause usually refers to a violation of a company policy or rule. In some cases, an employee may commit an act that is not specifically addressed within the employers' policies but one of which the employer believes warrants discipline or discharge. In such instances, the employer must be confident that they can defend their decision.
In many of the 16 cases where a hospice’s Medicare license was revoked, it seemed clear that termination was the only appropriate choice. In Philadelphia, Mississippi, in 2010, regulators determined that the problems they found at Serenity Hospice Care, a small for-profit, were too severe to allow the provider to continue to operate, and ...