In the case of objective dismissal, the compensation of 20 days per year of service must be made available to the employee at the same time as the written communication is delivered to avoid the dismissal being unfair.
Unlike disciplinary dismissal, where the corresponding compensation must only be paid if the employer or the judge recognise the unfairness of the dismissal, in the case of objective dismissal, even when it is unfair, the employer must make available to the employee, simultaneously with the delivery of the written communication, the compensation of 20 days per year of service, prorating periods of time less than 1 year by month and with a maximum of 12 monthly payments.
This is due to the fact that even when there is cause and the dismissal is appropriate, as these are objective causes, they are based on facts that are not attributable to the worker, they are unrelated to his or her behavior and, consequently, the loss of the job is intended to be compensated without the worker having had any fault in the dismissal.