In essence, a dismissal is declared void in one of the following cases:
Posted: Mon Jan 20, 2025 9:06 am
Indicate the number and professional classification of the workers who will be dismissed.
Specify the period planned for carrying out the dismissals.
Explain the criteria used to select the affected workers.
Provide a copy of the communication addressed to workers or their representatives.
Identify the workers' representatives who will make up the negotiating committee.
Legal consequences for the company
It is important to note that companies have the right to implement these types of dismissals, as long as the cause initially argued is valid.
Failure to do so may result in administrative and legal consequences for the company. Failure to comply with the legal procedure may result in fines or the obligation to pay damages to employees.
Unfair dismissal
When the reasons for a dismissal cannot be proven in court, then it is called an unfair dismissal ( Article 56 ). When the verdict is known, the company is obliged to reinstate the worker or give him compensation of 33 days for each year worked (previously 45 days of salary for each year of service were applied).
If the reinstatement option is chosen, the company is obliged to pay the employee for the time he was not at work. In addition, the employee must return the compensation he received when he was dismissed.
Unfair dismissal
In essence, a dismissal is declared void in one of the following cases:
Discrimination based on religion, race, age, sexual orientation, disability, etc.
Violation of the right to freedom of expression, right to strike, among others.
Dismissal in retaliation for participating in union actions or reporting any irregularities in the company.
Dismissal of staff who request paternity or maternity leave, vacation, sick leave, etc.
In such cases, the dismissal is declared void. The company is obliged to reinstate the employee and pay compensation for damages. Depending on the severity of the case, the company may even be fined.
Comparison between types of dismissals
As a summary, let's look at a small comparative table with the different types of dismissals and their characteristics:
Feature Objective dismissal Disciplinary dismissal Collective dismissal
Cause Due to the worker or causes beyond his control. A serious fault of the worker. For economic, technical, organizational or productive reasons.
Compensation 20 days for each year of service. He does not receive compensation. It depends on the negotiations with the company.
Procedure You need to justify the cause, deliver the dismissal letter and give notice. No notice is required. Dismissal is immediate. It requires a period of consultation with workers.
Affected A worker or a very small group. A single worker. Minimum 10% of the company's employees.
Tips for workers and employers
If you have been fired, you must request your dismissal letter immediately, in case it has not been delivered to you. There you will be able to see the reason for the procedure and compare it with your contract in search of irregularities.
In any case, make sure you keep all documentation related to the list of new zealand cell phone number types of dismissal, from the letter to your payroll, emails, etc. Do not sign anything without first reviewing it and consider seeking professional advice.
Employers need to be aware of the procedures established in the Workers' Statute in order to avoid inconsistencies in the process.
They must also ensure that the reasons for dismissal are well justified and comply with current laws. They must be clear and give as many details as possible to the employee about the reasons for dismissal, always respecting their fundamental rights.
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Conclusion
It is important for both employees and employers to know their rights and responsibilities if they resort to any of the existing types of dismissals. Only in this way will they be able to comply with Spanish laws and avoid sanctions. In addition, it is advisable to seek legal advice if they have any doubts or if there is a labour dispute to be resolved.
Specify the period planned for carrying out the dismissals.
Explain the criteria used to select the affected workers.
Provide a copy of the communication addressed to workers or their representatives.
Identify the workers' representatives who will make up the negotiating committee.
Legal consequences for the company
It is important to note that companies have the right to implement these types of dismissals, as long as the cause initially argued is valid.
Failure to do so may result in administrative and legal consequences for the company. Failure to comply with the legal procedure may result in fines or the obligation to pay damages to employees.
Unfair dismissal
When the reasons for a dismissal cannot be proven in court, then it is called an unfair dismissal ( Article 56 ). When the verdict is known, the company is obliged to reinstate the worker or give him compensation of 33 days for each year worked (previously 45 days of salary for each year of service were applied).
If the reinstatement option is chosen, the company is obliged to pay the employee for the time he was not at work. In addition, the employee must return the compensation he received when he was dismissed.
Unfair dismissal
In essence, a dismissal is declared void in one of the following cases:
Discrimination based on religion, race, age, sexual orientation, disability, etc.
Violation of the right to freedom of expression, right to strike, among others.
Dismissal in retaliation for participating in union actions or reporting any irregularities in the company.
Dismissal of staff who request paternity or maternity leave, vacation, sick leave, etc.
In such cases, the dismissal is declared void. The company is obliged to reinstate the employee and pay compensation for damages. Depending on the severity of the case, the company may even be fined.
Comparison between types of dismissals
As a summary, let's look at a small comparative table with the different types of dismissals and their characteristics:
Feature Objective dismissal Disciplinary dismissal Collective dismissal
Cause Due to the worker or causes beyond his control. A serious fault of the worker. For economic, technical, organizational or productive reasons.
Compensation 20 days for each year of service. He does not receive compensation. It depends on the negotiations with the company.
Procedure You need to justify the cause, deliver the dismissal letter and give notice. No notice is required. Dismissal is immediate. It requires a period of consultation with workers.
Affected A worker or a very small group. A single worker. Minimum 10% of the company's employees.
Tips for workers and employers
If you have been fired, you must request your dismissal letter immediately, in case it has not been delivered to you. There you will be able to see the reason for the procedure and compare it with your contract in search of irregularities.
In any case, make sure you keep all documentation related to the list of new zealand cell phone number types of dismissal, from the letter to your payroll, emails, etc. Do not sign anything without first reviewing it and consider seeking professional advice.
Employers need to be aware of the procedures established in the Workers' Statute in order to avoid inconsistencies in the process.
They must also ensure that the reasons for dismissal are well justified and comply with current laws. They must be clear and give as many details as possible to the employee about the reasons for dismissal, always respecting their fundamental rights.
Do you want to stay informed about Finom news? Subscribe to our monthly newsletter to receive the latest news!
By clicking “→” you agree to our terms and conditions
Conclusion
It is important for both employees and employers to know their rights and responsibilities if they resort to any of the existing types of dismissals. Only in this way will they be able to comply with Spanish laws and avoid sanctions. In addition, it is advisable to seek legal advice if they have any doubts or if there is a labour dispute to be resolved.