Challenge to the dismissal of the foreign worker in Spain

In an increasingly globalized work environment, Spain has experienced an increase in the presence of international workers. Both local and multinational companies operate with foreign workers, attracted by the quality of life and job opportunities that Spain offers. 

However, as in other countries around the world, layoffs are a sad reality that can affect foreign workers.

Dismissal in Spain is regulated in the Workers' Statute, and in sectoral agreements depending on the type of work.

In this article, through the dismissal lawyers in Spain at Forcam Lawyers, we will give you legal advice to be able to challenge the dismissal that you have suffered in your company, so that you can know the rights you have, as well as so that you know the type of labor procedure that is followed in the event of a dismissal.

What are the most common types of dismissals in Spain? 

In case you have been fired from your company, and you want to challenge the dismissal, it is advisable that you first know the main types of dismissal, to know how they work:  

1)-Objective Dismissal

The company uses it to dismiss workers for justified reasons that are regulated in the Workers' Statute itself or in the company's application agreement.  

Some of the reasons alleged are economic causes (when the company drops its billing a lot), technical, organizational (transfers) or production (problems with the productivity of the company's goods) and some other causes that are detailed in the labor legislation. 

In this type of dismissal, the worker will only have the right to compensation of 20 days per year worked. In this case, the dismissal can be challenged.

2)-Disciplinary Dismissal

The company uses it to dismiss workers for disciplinary reasons. This situation usually occurs in cases of serious and very serious misconduct, such as not going to work, failure to comply with work obligations, abuse of trust, etc.

The company is not obliged to pay the worker any severance or compensation for dismissal. However, you may be entitled to receive this compensation in the event of challenging the dismissal.

3)-Collective Dismissal

The company uses it in the case of laying off many workers, and it usually occurs when the company has serious economic difficulties or wants to carry out a large-scale corporate restructuring.

This type of dismissal can also be challenged, in the case of not following the correct labor procedure, or in the event that the dismissals are unjustified and with a lower compensation than what should be.

What are the rights of international workers in Spain in the event of dismissal? 

Whether through a disciplinary, objective or collective dismissal, it can be challenged, but before doing so you should know your rights:

-Compensation:

Depending on the type of dismissal, international workers will be entitled to compensation. In an objective dismissal, the compensation is 20 days of salary per year worked, while in a disciplinary dismissal, if it is declared unfair by a judge or an agreement is reached with the company, the compensation will be 33 days per year worked. with a maximum of 24 monthly payments. In contracts prior to 2012, the compensation will be higher.

-Date of communication of the dismissal:

In most dismissals, the company must notify the worker at least 15 days in advance. If the company does not communicate the date correctly, the worker will have the right to collect the days of salary corresponding to this notice period.

-Dismissal Letter:

Although it is a simple formality, be careful! because the company has the obligation to give the worker a dismissal letter that clearly explains the reasons and justifications.

If the foreign worker does not receive this letter or the reasons described in the letter are unfair and the worker does not agree, the dismissal can be challenged.

How to challenge the dismissal of foreign workers in Spain through amicable means? 

International workers, like national workers, can appeal the dismissal through amicable means, if they consider that their dismissal has been unjustified or unfair. The procedure to challenge the dismissal includes the following steps: 

-Contact professionals who are experts in labor law:

When a dismissal is received, according to Spanish legislation itself, the worker has very few working days to challenge the dismissal, specifically a maximum of 20 days, either through friendly or judicial means, by which will require a dismissal lawyer to advise you as soon as possible.

The specialist will be in charge of reviewing the employment file, the dismissal letter, and informing the worker about their labor rights, so that they will be able to know if the dismissal is correct or not correct. Whether the dismissal is justified or unjustified, it will be necessary for the labor professional to review the case in a personalized manner, and calculate the salary settlement and possible compensation that the worker is entitled to receive.

-Labor conciliation and negotiation:

This is a friendly labor procedure that is used to negotiate with the company and reach a possible agreement so that the worker receives compensation. In the event that the negotiation does not go well, this step will serve to file a claim before the Labor Courts.

You should always ensure that labor rights are fulfilled, and fight so that the worker receives the maximum possible compensation.

And if the labor conciliation does not go well, what is the judicial process? 

If the friendly route does not go well, the worker should not worry, since his expert lawyer in labor matters will file a lawsuit before the Courts, to comply with his labor rights and claim high compensation.  

Once the lawsuit is filed, a labor trial will be held later.

What impact does dismissal have on the foreign worker's residence permit? 

It is an issue that is of considerable concern to dismissed international workers, knowing whether their immigration permit in Spain will be maintained or revoked. And there are many foreign workers who are in the country with a residence permit linked to an employment contract, so a dismissal can jeopardize their residence permit. 

In most cases, the international worker has a long-term residence permit or is within the European Union regime, so the dismissal will not affect their residence permit in Spain. 

However, if the worker has a temporary permit associated with a certain contract, he or she may have problems renewing the permit if, after dismissal, he or she does not find a new job in the country within a certain period.

Manage dismissal effectively with labor lawyers in Spain

The dismissal of international workers in Spain meets practically the same conditions as national workers. However, lack of knowledge of the language, the extensive existing Spanish labor regulations and the company's internal regulations can mean that the foreign worker who has been fired does not know how to act in this situation.

That is why we recommend that, if you are a foreign worker and have suffered a dismissal in Spain, you go to a Spanish law firm, such as Forcam Lawyers, which has offices in Barcelona, ​​Madrid and Reus.

It is a firm made up of international lawyers, who are in charge of managing national and international dismissals with the aim of meeting the needs of its most demanding clients around the world.