They constantly say on the news that in September or October there is going to be a huge crisis. This usually means an increase in loss of employment and many people get fired.
We hope this does not happen. However, if you are working in Spain, this might be of interest to you:
#1.- There are different kinds of redundancy. The most commons are:
-Despido Objetivo : Redundancy based on objective grounds. The employer will need to justify on which grounds he/she is not longer able to employ you: Economic reasons, your job is not needed anymore. An employee who is dismissed on objective grounds is entitled to 20 days salary per year worked as a redundancy payment.
-Despido Disciplinario: Disciplinary grounds. If a person is dismissed on these grounds, he or she is entitled to no redundancy pay at all. For example, if you have committed a serious infraction.
If you do not agree with the dismissal, you can always challenge it. A dismissal can be declared a “despido improcedente” or “unfair dismissal” if the employer could not justify why the employee was dismissed. In this case, the redundancy payment will amount to 33 days salary per year worked.
Bear in mind that if you are dismissed or made redundant, you have only 20 days (not working days) to make any claim against it. After that time ,you lose any right to make a complaint.
#2.- Dismissal Letter:
It has to be in writing. The employer needs to provide you with a letter stating the reasons why they have made you redundant. If they do not provide you with a letter, it is very possible that the dismissal has not been properly done and a judge will declare it unfair.
#3.- Your employer will ask you to sign the letter.
You do not have to if you do not want to. However, if you do, it is important to check the date . The date shown on the letter has to be the same date when you sign , since there is only a limited period of time to challenge the dismissal.
#4.- What is included on the dismissal compensation and what is not.:
There is a difference between the dismissal compensation and what is called “finiquito” , which is the amounts of money the employers owns you, like days already worked, due holidays…
Even if you do not agree with the dismissal and you refuse to sign the letter, they have to pay you the said “finiquito”. The dismissal needs to be challenged in a separate procedure.
#5.- If you do not agree with the dismissal, you can challenge within 20 working days.
Previous mediation is mandatory at the CMAC/SMAC ( an official mediation body) and if an agreement is not reached, then you file proceedings in court.
A lawyer is not mandatory for either of these two steps ( mediation and judicial proceedings). However, it is highly recommended to seek legal advice.
If you have been made redundant and you need help, do not hesitate to contact me on:
678308358.
lexteban.com 