Despido por desahucio
| 22:22 Jul 31, 2023 |
| Spanish to English translations [PRO] Law/Patents - Human Resources | |||||||
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| 3 +1 | To release |
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| 4 | use of a no-reasons dismissal notice |
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| 3 | To separate |
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| 2 | Dismissal without cause |
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| Discussion entries: 5 | |
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Answers
39 mins confidence: 
peer agreement (net): +1
peer agreement (net): +1To release Explanation: As Matthew says, a 'no-blame' amicable end to an employment contract. https://www.google.com/search?q="to release" employment dism... |
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14 hrs confidence:
| uso de desahucio use of a no-reasons dismissal notice Explanation: ... as opposed to summary dismissal without any notice. Redundance would routinely be company-wide. desahucio: notice of discharge or resignation, Butterworths. The question refers to uso de desahucio, rather than despido por deshuicio that might be a tautology: desahuciar = dismiiss, West Source-country - Argentina (or Chile etc. > severance pay, entry 2, West)? Otherwise, the dismissal may well be for (just) cause, but no reasons spelled / spelt out. Example sentence(s):
Reference: http://www2.proz.com/?sp=gloss/term&id=863812 Reference: http://www.lawinsider.com/dictionary/notice-of-redundancy |
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23 mins confidence:
To separate Explanation: To separate Means that they are not firing you and you are not necessarily quitting. It's more of a legal term used by the attorneys in Human Resources so that they do not get sued. The company has decided to move forward without the employee by either not renewing the contract, or "separating." -------------------------------------------------- Note added at 15 hrs (2023-08-01 13:44:43 GMT) -------------------------------------------------- Most HR departments are very specific in their use of words. This is for liability reasons. The term "fired", "dismissed" or "terminated" generally puts blame on the employee and not the employer. "To separate" is ambiguous. I was once "separated" . When I asked HR why they were "firing me," the response was immediate; "I never said fired, I said separated!" Understand that every HR department in the U.S. has attorneys who word things very carefully. Hope this helps. Example sentence(s):
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26 mins confidence:
Dismissal without cause Explanation: dismissal without cause. "Desahucio" also means eviction, but that does not work in this context. From OECD and ILO sources: https://www.oecd.org/employment/emp/Dominican Republic.pdf Dismissal without cause or Desahucio: written notice must be given to the employee and within 48 hours of such notice, a written communication to the Labour Department (or the local labor authority exercising such duties) must also be delivered (article 77 LC). https://eplex.ilo.org/valid-and-prohibited-grounds-for-dismi... Either of the parties may terminate the contract of employment if the other ... 161 LC, the employer can dismiss without cause (by way of desahucio) ... https://eplex.ilo.org/fr/redundancy-and-severance-pay/ -------------------------------------------------- Note added at 28 mins (2023-07-31 22:50:36 GMT) -------------------------------------------------- Also "At will termination". Arbeitsrecht Guzmán Ariza | The Dominican Republic law ... https://www.drlawyer.com › deutsch › arbeitsrecht 5.1. At Will Termination (“Desahucio”) Any party to an employment contract has the right to terminate it unilaterally without the need to specify a cause (Art. 75). The terminating party must give 7, 14 or 28 days advance notice of this decision to the other party depending on whether the agreement has been in force for more than 3, 6 or 12 months respectively (Art. 76). A late notice or no notice at all will entail a penalty of one day’s salary for every day of noncompliance (Art. 79). Employers who exercise their right to terminate their employees without cause must make severance payments to the terminated employee as detailed below in 5.3 (Art. 80). -------------------------------------------------- Note added at 19 hrs (2023-08-01 17:23:16 GMT) -------------------------------------------------- https://www.globalexpansion.com/countrypedia/dominican-repub... At Will Termination ("desahucio") Any party to an employment contract has the right to terminate it unilaterally without having to specify a cause. The party that terminates the employment contract must give an advance notice to the other party For Cause Termination by the Employee ("dimisión") An employee may resign from his or her job for cause (dimisión). For cause termination by employees also requires evidence of the commission by the employer of one or several of the listed grounds for termination. This is from Cornell University! https://ecommons.cornell.edu/bitstream/handle/1813/73936/WWG... Finally, indemnity is also available to dismissed employees who had authority to represent the employer or who served in confidential positions, even though such employees may be terminated without the employer having to state a cause (“desahucio del empleador”). Chile https://eplex.ilo.org/country-detail/?code=CHL&yr=2019 Procedures for individual dismissal ... Dismissal without cause (desahucio) of persons in positions of trust, ... Procedures for collective dismissal. |
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