Untimely dismissal and its probative assessment

Abstract

Untimely dismissal is a reality that is constantly experienced in the face of the violation of workers' rights, occurring unilaterally by the employer, when deciding to end the employment relationship and surprisingly, abruptly and illegitimately notifying the worker. Indeed, if the existence of untimely dismissal is proven, the employer is obliged to indemnify the worker who is the victim of this unlawful act, as compensation for the abuse suffered. That is to say, that the liquidation responds to the fundamental rights of the workers. This article adopts a qualitative, exploratory, descriptive methodology, declaring qualitative, synthetic analytical methods. In this sense, in the present work it will be possible to identify more clearly that the worker's obligation is to provide the objective evidence necessary to justify and corroborate that he was the victim of untimely dismissal, so that in this way the judge, through the evidentiary analysis, has the due certainty that there was an anti-legal fact and order the taxation established in the regulations to be cancelled.