Grounds for Dismissal According to Article 160
Article 160 N° 3: Unexcused Absences
No worker may be absent from work without cause for two days, two Mondays in the month, or a total of three days during the same period. Also, unexcused absence, or absence without notice, from the worker in charge of an activity, task, or machine whose abandonment or suspension causes serious disruption to work progress.
- Two consecutive days. The law requires unexcused absences of two calendar days, not business days. If an employee is absent on Friday and Monday, this qualifies.
- Two Mondays in a month. Two unexcused absences on Mondays within a month are sufficient, regardless of whether they are consecutive.
- Three days in a month. Three unexcused absences, consecutive or not, within a month constitute grounds for dismissal. If an employee has two unexcused absences in one month and one in the next, this does not qualify, as the absences must occur within the same month.
The second part of this article refers to unexcused absences, or absences without notice, for workers responsible for a machine, task, or activity whose neglect causes paralysis. In this case, even one day or less of unexcused absence can be grounds for dismissal if it causes serious disruption.
Article 160 N° 4: Abandonment of Work
This article addresses two situations that constitute abandonment of work:
Untimely and unwarranted departure from the work site during working hours without permission from the employer or their representative. The following conditions must be met:
- Unexpected departure
- Unjustified departure
- Departure during working hours
- Departure without permission from the employer or representative
- Refusal to perform agreed-upon tasks. Refusal to perform tasks stipulated in the employment contract without just cause constitutes abandonment of work.
Article 160 N° 5: Acts Affecting Safety or Operations
Acts, omissions, or rash actions that affect the safety or operation of the facility, the security or activity of other workers, or their health. Negligence or recklessness leading to these situations constitutes grounds for dismissal.
Article 160 N° 6: Intentional Material Damage
Intentionally causing material damage to the premises, machinery, tools, work tools, products, or merchandise. Unlike the previous article, this requires intent to cause harm, not just negligence or recklessness.
Article 160 N° 7: Serious Breach of Contractual Obligations
This is a general clause. Any serious breach of obligations stipulated in the employment contract can be grounds for dismissal. What constitutes a “serious breach” is determined on a case-by-case basis.