Prior hearing, an essential requirement in disciplinary dismissals

The Supreme Court has issued a ruling, of great relevance in labor matters, which establishes that companies are obliged to allow workers to present allegations in a prior hearing before proceeding with a disciplinary dismissal, a mandatory procedure since November 2024.

This resolution 1250/2024, of November 18, has generated intense debate in the labor field by reaffirming this obligation. Furthermore, this decision, established in article 7 of Convention number 158 of the International Labor Organization, ILO, has also caused numerous doubts among companies, especially regarding its practical application.

The ruling emphasizes that the prior hearing constitutes a manifestation of the right of defense and the principle of contradiction, thus reinforcing the worker's procedural guarantees within the framework of the disciplinary procedure and recognizing their right to be heard before a definitive decision is adopted by the employer.

Although this requirement is not expressly contemplated in all collective agreements, the Court understands that it forms part of the essential content of a fair procedure, in accordance with the constitutional principles of legal certainty and effective judicial protection.

From a legal perspective, the verdict represents a guarantee-based interpretation of the labor law, by requiring a prior procedure that ensures that the worker knows the alleged facts in a clear and detailed manner, and can exercise the right to present allegations or provide evidence before the dismissal is formalized.

In this sense, control over the exercise of business disciplinary power is strengthened, demanding greater rigor and transparency in its application.

This opinion, on the other hand, obliges companies to review their protocols for action in disciplinary matters.

From now on, failure to comply with this procedure may lead to the dismissal being classified as unfair, even if there are causes that materially justify it.

This implies an additional burden for employers, who must adequately document the opening of the disciplinary file and guarantee the worker's participation in it.

This decision marks a milestone in the evolution of employment law by consolidating the right to a hearing prior to disciplinary dismissal.

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