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The employment contract be extinguished by unilateral will of the employer. All termination of contract of employment by unilateral will of the employer constitutes a dismissal. Businessman terminates the contract out-of-court, and unilateral way without having to go to the judge. It is worth distinguishing between the dismissal for personal reasons and dismissal for reasons inherent to the company. Dismissal for personal reasons encompasses the disciplinary dismissal and the objective dismissal for personal reasons. The first one is based on a serious and culpable worker’s breach of contract, and offers the common regime for the protection against unjustified dismissal: any termination of the contract of employment without cause be redirects, from a point of view material and procedural, to the mode of dismissal; the violation of a fundamental right or freedom public, the nullity of the same. In cases of unfairness, and unless a representative of the workers concerned, the employer may opt for readmit the worker, or pay an indemnity of forty-five days of salary per year of services, with a maximum of forty-two monthly payments.

In both cases, the employer shall be paid wages for processing, which fails to perceive the worker since the extinction of the judgment, but can exonerate them payment if it recognized the inadmissibility of dismissal. In the event of discrimination or violation of a fundamental right or public freedom, the compensation is compatible with additional compensation for damages.Annulment entails the obligation to reinstate and pay the salaries of processing. It is a cause of objective dismissal, for example, the ineptitude. In such hypothesis, the worker is entitled to compensation of twenty days of salary per year of service, with a maximum of twelve monthly payments. The dismissal by circumstances inherent to the company brings together the dismissal by deaparicion of the legal personality of the employer, by force majeure, the collective dismissal and objective dismissal for reasons economic, technical, organizational or production. In such cases, the workers are entitled to an indemnity of twenty days of wage pro year of service, with a maximum of twelve months. The collective dismissal affects a significant number of workers, and requires an administrative authorization and the simultaneous opening of a period of negotiations with representatives of the workers. In turn, the objective dismissal for reasons economic, technical, organizational or production can carried out directly the employer, without having to apply for an administrative authorisation, nor negotiate with representatives of the workers.