NewzLabor lawyer Ignacio de la Calzada has stated that a significant portion of dismissals based on low performance are legally classified as unfair because companies frequently fail to provide sufficient evidence to support their claims. Under current labor regulations, a termination is not solely at the discretion of the employer but requires the objective accreditation of facts to meet legal standards.
The assertion underscores the legal challenges employers face when attempting to justify performance-based terminations. By highlighting the difficulty of proving low performance, the commentary emphasizes that procedural compliance and evidentiary documentation are essential components for companies seeking to validate such dismissals within the framework of labor law.
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