Before carrying out the Disciplinary Dismissal effectively, the company must give the worker a hearing in accordance with Article 7 of Convention No. 158 of the ILO, providing written communication to the worker with the labor irregularities that have occurred, from there the worker may present allegations. in your defense within the period granted by the company (between 48 and 72 hours). In the event that the facts of the dismissal are serious enough to constitute proper dismissal, if the company has not carried out the hearing procedure, the dismissal will be unfair due to a formal defect.
It is important to know that if the dismissal of the worker is already considered unfair by the company, this procedure is not necessary, and there are also some cases where a prior hearing is not mandatory.
This has been established by the Supreme Court in a recent ruling dated November 18, 2024, ruling 1254/2024.
This is what the Court has established: It establishes that companies cannot disciplinaryly dismiss a worker without opening a prior hearing procedure. Thus, before dismissal, the employee has the right to defend himself against the accusations on which the termination is based. A worker’s employment should not be terminated for reasons relating to his conduct or performance before he has been given the opportunity to defend himself against the charges against him. Supreme Court in recent ruling dated November 18, 2024, ruling 1254/2024.
