I have been fired from my job, should I have severance pay?
When a worker is informed of the dismissal, he does not know what to do, he does not know how to deal with the dismissal, he does not know whether he should challenge it or he must obey the employer's orders. Well, the first step is to seek the advice of a labor lawyer and act quickly, it is important to do it for the good resolution of the matter. In this post we explain everything.
What types of dismissal are there?
We find the objective dismissal, which is the one by which the employment contract is terminated due to economic, technical, organizational or production causes. The causes that justify the dismissal are established in art. 52 of the Statute "Termination of the contract for objective reasons.
The other type of dismissal is disciplinary dismissal, and it is one in which the employer decides to end the contract due to a serious and guilty breach of the worker. Its regulation is defined in art. 54 of the Workers Statute.
Another of the ways of dismissal is the Temporary File of Employment Regulation (ERTE), it is a temporary authorization for a company to suspend one or more work contracts for a certain time. Through the ERTE companies will be exempt from paying workers wages.
Is the worker entitled to compensation for dismissal?
The compensation that a worker is entitled to depends on the type of dismissal. With the objective dismissal, the worker will be entitled to compensation of 20 days per year worked, with a maximum equivalent to 12 monthly payments. And in any case, the worker must be notified at least 15 days in advance, for whatever reason.
In the event that the dismissal is disciplinary, there will be no right to compensation. We must remember that for the company to carry out the disciplinary dismissal, it must be for one of the causes of art. 54.2 ET, such as for unjustified absence of the worker, disobedience at work, harassment of the worker, voluntary decrease in work performance, abuse of worker confidence, etc.
However, every worker is entitled to the settlement, that is, the amounts already generated by his work, but not paid by the company, normally the proportional part of vacations and extraordinary payments.
What to do if the company dismisses me as a worker?
If the company dismisses me as a worker, it is recommended to go to a labor lawyer to receive legal advice as quickly as possible to know whether or not to challenge the dismissal, and to know first-hand the compensation you are entitled to receive.
Particular attention will have to be paid to the dismissal letter, since the dismissal letter details the causes of the dismissal, which may be objective, disciplinary or collective. The company is obliged to notify the worker 15 days before the dismissal (except for disciplinary dismissal).
It is important that the dismissal letter is in writing, and that a labor lawyer see it to verify that everything is correct, since it is vitally important to check the deadlines in labor law, and what if the letter is poorly written or does not comply with All the legal requirements, the worker will be benefited in the compensation that corresponds to him in the event that he disputes the dismissal.
What to do if a worker disagrees with the dismissal?
It is very important that the worker does not sign the letter of dismissal that the company gives him, it is also important that in the same letter of dismissal the worker write the word: "Not in agreement." It is the most recommended action and the one that will have the best effects for the worker in case of challenging the dismissal.
As for the settlement, it is a settlement of the pending accounts that the company has with the worker, whether it is overtime, vacation periods, etc. Settlement is compulsory, and the worker has the right to receive it, whether the dismissal is unfair or appropriate.
Can the worker contest the dismissal and claim compensation?
Yes, the worker will have the right to claim the compensation that corresponds to him for the years worked in the company. Depending on whether the dismissal is appropriate, or adjusted to law, or unfair, and not adjusted to law, the worker will have one amount of compensation or another.
The worker may contest the dismissal before the Labor Courts by means of a dismissal lawsuit. It is important to know that the worker will only have 20 working days from the notification of his dismissal to contest the dismissal and claim the compensation that corresponds to him.
Contact us, and our lawyers specializing in labour law will study your specific case.
At Forcam Abogados we have offices in Barcelona, Tarragona, Reus and Tarrega.