Understanding Silent Dismissal
Silent dismissal refers to the practice of wearing down employees until they resign, encompassing behaviors such as intentionally isolating an individual, arbitrarily increasing or decreasing workload, and disregarding proposals. The Chamber of Deputies is proposing to include this as a cause for termination with the right to severance pay in labor legislation.
Who is Armando Corona Arvizu?
Armando Corona Arvizu is a Mexican politician affiliated with the Morena party, who has taken the initiative to propose this change in labor laws. His efforts aim to address a modern, covert form of unjustified dismissal that shifts the economic, emotional, and legal consequences onto the employee, despite these decisions often originating from the employer.
Implications of Including Silent Dismissal
Should silent dismissal be recognized as a legitimate cause for resignation without worker responsibility, it would restore balance to the labor relationship. This move aims to prevent abusive practices from becoming normalized and ensure that legal consequences fall on those who genuinely cause the severance of the labor bond.
Severance Packages for Affected Workers
Under this proposed amendment, workers would be entitled to receive their benefit payouts, three months’ salary, and a severance payment of 20 days’ salary for each year of service if their contract is indefinite. For those with definite-term contracts, the severance package would be half their salary for the duration of their service if employed under a year, and six months’ salary for the first year plus 20 days’ salary for each subsequent year. These benefits are in addition to the three months’ salary and benefit payouts.
Current Labor Law Provisions
The Federal Labor Law already acknowledges several reasons for an employee to terminate their relationship without cause, including:
- Receiving unprofessional conduct, violence, threats, insults, harassment, or sexual harassment from the employer, family members, or supervisors
- Experiencing the aforementioned behaviors outside of work by the employer or their representatives, making it impossible to fulfill the job
- Salary reduction
- Not receiving payment on the agreed-upon date
- Suffering damages intentionally caused by the employer in relation to work tools
- Existence of a serious threat to safety or health due to inadequate hygienic conditions at the workplace or failure to implement preventive and safety measures
- Employer’s negligence or imprudence compromising the safety of the establishment or individuals
Silent Dismissal: A Common Practice
According to an OCC survey, 58% of victims of workplace harassment resign from their jobs. This statistic not only highlights the prevalence of this practice but also indicates that it often results in voluntary departures from more than half of the cases.
Recognizing Silent Dismissal
WeRemote, a platform addressing this issue, outlines ten signs that indicate an individual might be experiencing silent dismissal:
- Lack of intentional feedback
- Minimal or no support from direct supervisors
- Frequent disregard for ideas and proposals
- Extended work hours with tasks that don’t contribute to growth
- Stagnant salary for over two years
- Absence of a sense of belonging within the team
- Arbitrary increases or decreases in workload
- Exclusion from new projects
- Exclusion from meetings and events with colleagues
- Assignment to a lower-ranking position
Addressing the Issue
TotalPass identifies that this phenomenon is more common in organizations lacking clear communication processes between leaders and employees, presenting an area for improvement. Moreover, having complaint mechanisms is crucial when dealing with intentional cases rather than unintentional ones.
Silent dismissal, far from benefiting the company, results in decreased productivity and loss of talent. Companies should prioritize addressing this issue to maintain a healthy, productive work environment.
Key Questions and Answers
- What is silent dismissal? It’s a practice where employers wear down employees until they resign, often without explicit termination. This can include isolating an employee, arbitrarily changing workload, and disregarding their ideas.
- Who proposed including silent dismissal as a termination cause? Armando Corona Arvizu, a diputado from the Morena party in Mexico, initiated this proposal.
- What are the implications of recognizing silent dismissal as a termination cause? It aims to restore balance in labor relationships, prevent abusive practices from becoming normalized, and ensure legal consequences fall on those who genuinely cause the severance of labor bonds.
- What severance packages are offered to affected workers? Workers would receive their benefit payouts, three months’ salary, and a severance payment of 20 days’ salary for each year of service if their contract is indefinite. For definite-term contracts, the severance package varies based on the length of service.
- Why is silent dismissal a common practice? An OCC survey found that 58% of workplace harassment victims resign, indicating its prevalence. WeRemote lists ten signs to recognize silent dismissal.
- How can companies address silent dismissal? Companies should focus on establishing clear communication processes and implementing complaint mechanisms to tackle this issue effectively.
