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Does the dismissal of workers proceed or not?

The dismissal is one of the worst situations that a person can find throughout his life, both for the economic consequences, as for the psychological consequences that this conflict produces in the person.

The dismissal is a unilateral decision taken by the employer or head of the company, to terminate the contract with the worker prematurely. As established by labour legislation, and with this the Workers Statute, there are different types of dismissal, both PROCEDENT and IMPROCEDENT, and each must comply with formal requirements, as well as certain legal deadlines.

A PROCEDENT dismissal may be motivated by several different causes, within the scope of labour legislation. In general, they can be classified as:

- Disciplinary dismissal: Disciplinary dismissal is that which involves an employee's inappropriate conduct in his or her job, which clearly and directly harms the company. Examples include repeated absenteeism or impunity, disobedience at work, abuse of trust, lack of continued performance, drunkenness or drug addiction that affects the job, etc.

-Objective dismissal: are dismissals that are completely regulated by law and that occur in specific circumstances, such as economic, technical or production causes.

-Collective dismissals: in this case, it is not just one employee who ends his or her employment relationship with the company, but a large number of them, in legally regulated percentages. These are called Extinction Employment Regulation Files (ERE).

But when is a dismissal considered IMPROCEDENT?

A disciplinary dismissal or objective dismissal, as defined in the previous section, may be declared inadmissible or void. This is due to the fact that the employee has not been proven to have committed any of the serious misconduct that justifies it or because the objective conditions for dismissal have not been met. Therefore, if the dismissal by the company is not correctly justified, it should be considered inappropriate.

Once the dismissal has been declared unfair, in this case, the consequences may be different:

Readmission of the worker.
Indemnification of the worker in accordance with the law.
In this case, if the worker has been dismissed by the employer, the employer must comply with all the formal requirements: that is, the employer must deliver the corresponding letter of dismissal and termination in writing.

If the employee does not agree with the dismissal, he or she has the right to challenge the dismissal within 20 working days.

We therefore recommend to the EMPLOYEE that as soon as the dismissal occurs, an ATTORNEY should immediately contact an ATTORNEY to act as soon as possible, otherwise the consequences may be irreparable.

If you need to solve any doubt, do it here.