The absence to work as a cause of termination of contract

Abstract

Within the grounds for disciplinary dismissal, Chilean law prohibits unexcused absences of the employee during certain days of the month so that the gravity of the offense takes place in the reiteration of an absence that frustrates the objectives of the contract. Such reiteration has been quantified by the legislator, with the objective of responding to the seriousness test that the infraction implies. While it is true that the precise details of the number of absences limits the discretion of the judge in the qualification of the offense, in reality the courts have focused their decisions in determining the extent of the justification, showing a more flexible standpoint that stresses the reasonableness of the case and the rationality of the impediment.