Firing or Termination FAQ (v.2022-1)
First, you must be certain that you have grounds to terminate your employee. The law provides a list of grounds, and you can also check your contract for additional grounds to what the law provides. The law allows termination for “just” or “authorized” causes.
Just causes of termination refer to:
For acts or omissions to be considered as analogous causes, the same must be expressly specified in company rules and regulations or policies.
Authorized causes of termination refer to:
An employee may also be terminated from employment based on reasonable and lawful grounds specified in company policies and/or based on grounds provided for under Collective Bargaining Agreements (CBAs).
No. But, the probationary period can only be up to six months.
No. If you retain a probationary employee beyond the probationary period, the employee automatically becomes a regular employee.
You are required to notify the employee of their offense (in writing), and give them a chance to explain with at least an informal ‘hearing’ or meeting, and with a reasonable amount of time to prepare their explanation (a few days). After the explanation is received, you are required to give another notice (in writing) of your final decision. These notices are known as the ‘twin notice’ rule.
You can be liable for damages, even if the ground for termination is justified. For practical reasons, it is important to not give reasons for employees or former employees to sue you. It is very easy for an employee to file a labor complaint, which in and of itself is already burdensome on the employer to answer. Even if an employer eventually prevails, he would have incurred significant expenses in defending against the complaint.
In general, all employees are entitled to these benefits. The exceptions are extremely limited. It’s best to request the agencies themselves to compute what past contributions must be paid as these can be recovered from you by the former employee if they file a labor compliant.