In Spain, labor laws protect employees from unfair dismissals. However, employers can legally terminate contracts under specific conditions. Let’s break down the reasons for dismissal, when they may be unlawful, and how you can fight for compensation.
Legal Reasons for Termination in Spain
- Objective Dismissal:
Employers can end your contract for:- Economic reasons, like company losses.
- Technical changes making your role unnecessary.
- Organizational or production adjustments.
- Disciplinary Dismissal:
This occurs when the employer accuses you of serious misconduct, such as:- Repeated absences without justification.
- Breaking company rules.
- Endangering others’ safety.
- Contract Expiry:
Temporary contracts end naturally. Employers must notify you in advance or compensate you with 12 days of salary per year worked if the contract wasn’t renewed.
What Makes a Dismissal Unfair?
Unfair dismissals occur when:
- The employer cannot justify the termination.
- Legal procedures, like formal notice or severance, weren’t followed.
- Discrimination (e.g., based on gender, age, or pregnancy).
Unfair dismissals allow you to claim compensation of 33 days’ salary per year worked (up to 24 months). If the employer fails to follow rules completely, it may be ruled null and void, requiring reinstatement with back pay.
When Should You Seek Legal Help?
Many dismissals seem valid but have hidden flaws. You should consult a labor lawyer if:
- The employer hasn’t given you a clear, written reason.
- You didn’t receive compensation or proper notice.
- You suspect discrimination or personal bias.
As an experienced Spanish labor lawyer, I specialize in helping workers secure high compensation for unfair or illegal dismissals. With my support, you can navigate the process confidently and protect your rights.
How to Start Your Case
- Act Quickly: You need to file your claim within 20 working days of dismissal.
- Gather Documents: Include your contract, dismissal letter, and any communications with your employer.
- Contact a Lawyer: A professional will assess your case and maximize your compensation.
If you’ve been dismissed, don’t wait. Reach out today to learn your options and secure the justice you deserve.