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    Aug 01

    Assimilable extinctions if the causes do not coincide, it is necessary to

    in Wellness Forum

    But what would happen if it decides to terminate the contracts of 8 workers? We would find that it would be necessary to see if in the previous 90 days some type of contract was extinguished, to see if the cause coincides with that of the new dismissals that are intended to be carried out, or if even not coinciding it is assimilable. Or if, on the contrary, these previous terminations are excluded from the calculation for the purpose of not exceeding the limit of 9 workers set by the workers' statute.


    In this sense, if the cause coincides , previous contract terminations must always be computed and if the calculation exceeds the limits set, collective whatsapp number list dismissal must be resorted to. Continuing with the previous example “if the company of 80 workers intends to fire 8, but has 3 terminations for the same reason, in a previous 90-day period, those terminations are added to those that are intended to be carried out and it should go to a procedure collective dismissal. What happens if the causes do not coincide in these previous extinctions?



    We must see if they are assimilable. We see it in the next point. Assimilable extinctions if the causes do not coincide, it is necessary to see if they can be assimilated by comparison. In order for them to be assimilable by comparison, there must be more than four comparable extinctions produced in that 90-day calculation period. The casuistry of extinctions by comparison is very variable and thus our jurisprudence has declared as comparable: disciplinary dismissals with extrajudicially recognized inadmissibility (sts 11/26/2013). Disciplinary dismissals with inadmissibility recognized in administrative proceedings or by court ruling or dismissals for objective reasons recognized as inadmissible by court ruling. (sts 11/18/2014); (sts

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