Abstract

TEJADA CORREA, Juan Gabriel. Special Procedure for Termination of Employment Contract Due to Poor Performance. Opin. jurid. [online]. 2021, vol.20, n.41, pp.155-176.  Epub Nov 11, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v20n41a5.

The purpose of this article is to review the conditions for dismissing an employee, specifically for poor performance, in order to determine a clear, safe and effective procedure to improve the performance of such employees in private organizations and to respect their fundamental rights. The methodology of this research is hermeneutic-documentary. It is developed through bibliographic searches, compilation of literature on personnel administration and analysis and interpretation of legislation and regulatory jurisprudence on the subject. As main conclusion, it is obtained that it will be valid, safe and effective to terminate the employment contract with just cause if a procedure is applied that has as main input the performance evaluation carried out in the company, followed by a feedback process that provides tools for performance improvement and inquires about aspects of the employee's personal sphere that potentially affect the provision of the service, and ends with a disciplinary process respectful of the fundamental right to due process.

Keywords : fundamental rights of the worker; labor performance; labor productivity; termination of contract.

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