Article 47 Federal Labor Law

The following are grounds for termination of the employment relationship for cause, without liability for the employer:

I.The employee or, where applicable, the labor union that proposed or recommended him deceiving the employer with false certificates or references in which capacity, aptitudes or faculties that he lacks are attributed to the employee. This ground for termination for cause shall cease to have effect after thirty days of the employee providing his services;

II.The employee incurring, during his labors, in failures of probity or honesty, in acts of violence, threats, insults or ill-treatment against the employer, his family members or the directive or administrative personnel of the company or establishment, or against clients and suppliers of the employer, unless there is provocation or he acts in self-defense;

III.The employee committing against any of his co-workers any of the acts enumerated in the preceding section, if as a consequence of them the discipline of the place in which the work is performed is altered;

IV.The employee committing, outside of the service, against the employer, his family members or directive administrative personnel, any of the acts referred to in section II, if they are in such a manner grave that they make the fulfillment of the employment relationship impossible;

V.The employee causing, intentionally, material damages during the performance of the labors or on the occasion of them, in the buildings, works, machinery, instruments, raw materials and other objects related to the work;

VI.The employee causing the damages of which the preceding section speaks, provided that they are grave, without intent (dolo), but with negligence such that it be the sole cause of the damage;

VII.The employee compromising, through his imprudence or inexcusable carelessness, the safety of the establishment or of the persons that are found in it;

VIII.The employee committing immoral acts or acts of harassment and/or sexual harassment against any person in the establishment or place of work;

IX.The employee revealing the secrets of manufacture or making known matters of a reserved character, with prejudice to the company;

X.The employee having more than three absences in a period of thirty days, without permission of the employer or without justified cause;

XI.The employee disobeying the employer or his representatives, without justified cause, provided that it concerns the contracted work;

XII.The employee refusing to adopt the preventive measures or to follow the procedures indicated to avoid accidents or illnesses;

XIII.The employee attending his labors in a state of drunkenness or under the influence of any narcotic or numbing drug, unless, in this latter case, there exists a medical prescription. Before beginning his service, the employee must put the fact in the knowledge of the employer and present the prescription subscribed by the physician;

XIV.The final judgment (sentencia) that imposes on the employee a prison sentence, that prevents him from the fulfillment of the employment relationship;

XIV Bis. The lack of documents that the laws and regulations require, necessary for the provision of the service when attributable to the employee and that exceeds the period referred to in section IV of Article 43; and

XV.Those analogous to those established in the preceding sections, equally grave and of similar consequences as regards the work.

The employer that dismisses an employee must give him written notice in which he clearly refers to the conduct or conducts that motivate the termination for cause and the date or dates on which they were committed.

The notice must be delivered personally to the employee at the very moment of the dismissal or, alternatively, communicated to the competent Court, within the following five business days, in which case it must provide the last address that it has registered of the employee so that the authority notifies him personally.

The statute of limitations to exercise the actions derived from the dismissal shall not begin to run until the employee personally receives the notice of termination for cause.

The lack of notice to the employee personally or through the Court shall by itself presume the non-justified separation, unless proof to the contrary that proves that the dismissal was justified.