Unfair dismissal: notice stays valid, compensation must be claimed quickly
Updated on October 24, 2026
Article 336 of the Code of Obligations lists unfair dismissals, including those tied to personality, to the exercise of a constitutional right, or given in order to defeat claims. Unfair notice is not void. It ends the contract. Article 336a provides compensation set by the court, at most six months' salary. Article 336b requires a written objection before the notice period ends, then an action within 180 days after the contract ends.
Do not confuse this with nullity
Notice given during a protected period under article 336c is void. Unfair notice under article 336 is not. Mixing the two means missing the 180-day period in article 336b, which applies only to compensation for unfair dismissal.