A) DISMISSAL WITH NOTICE
This measure shall apply to a worker who commits breaches of discipline and diligence at work which, WHILE more serious than the infractions referred to in Article 47, are not so serious as to render applicable the sanction referred to in letter B) of this Article.
By way of illustration, these infractions include:
a) insubordination with respect to superiors;
b) damage to the company’s or customer’s materials due to negligence;
c) fighting in the workplace;
d) abandonment of the workplace by personnel specifically entrusted with supervisory, caretaking or control duties, other than in the cases envisaged in point e) of letter B) below;
e) unjustified absences lasting more than four consecutive days or repeated absences three times in a year on the day following a public or personal holiday;
f) sentence of imprisonment imposed on the worker by a final judgement for an act committed subsequent to employment but not in connection with the work that harms the moral character of the worker;
g) recidivism in any of the offences referred to in Article 47, when two suspension measures referred to in Article 47 have been imposed, without prejudice to the provisions of the last paragraph of Article 46.
B) DISMISSAL WITHOUT NOTICE
This measure is imposed on a worker who causes serious moral or material damage to the company, or who performs actions that constitute an offence under the law while doing their job.
By way of illustration, these infractions include:
a) serious insubordination with respect to superiors;
b) theft in the company or on the customer’s premises;
c) theft of objects or documents belonging to the company or the customer;
d) wilful damage to the company’s or customer’s materials;
e) abandoning the workplace in such a way as to jeopardise the safety of persons or facilities, or in any case taking actions that lead to a similar result;
f) smoking where this may cause harm to the safety of persons or facilities;
g) performing work in the company on one’s own account or on behalf of third parties that is not of a minor nature and/or using company materials;
h) fighting in production areas.
C) DISMISSAL WITHOUT NOTICE AND WITH WITHHOLDING
This measure is imposed on a worker who, without justification, fails to report to work for 10 continuous days from the last day of attendance, making themself unavailable.
In such a case of dismissal without notice, as a penalty the employer shall retain a sum equal to the indemnity in lieu of notice due for the dismissal.