23 june 2016

Finishing a labour relationship between a company and a worker can be given in the form of dismissal. This measure can be produced in different manners according to the causes or other aspects. In all the cases, dismissals are regulated by the current legislation and the regulations that protect the workers’ rights, so they must be carried out within the current legal framework.

After knowing that an employee has to leave the company, legal measures can be taken to demand from both parts that the procedure is carried out within legality and that all the individual aspects of each case are contemplated.

If a dismissal is unfair, the company is bound by law to readmit the worker or to pay them a compensation calculated with the parameters the legislation demands

Unfair dismissals

The main problems between a company and the employee arise when the dismissal is unfair which makes evident the existence of a labour dispute that hinders the problem solution.

When finishing a labour contract with an employee from the company is inadmissible, employers have the obligation of rectify the procedure through two options.

• Readmit the employee with the working conditions he/she had before the conflict began and pay the salary that corresponds from the beginning of the processing until the readmission. Also, the social security contributions of the absence due to the effects of the dismissal must be reflected. In these cases, if the employee has already received compensation, he/she should give it back.
• Compensation. This is one of the most common options to solve unfair dismissals. In the last decades the regulations of this solution has suffered numerous modifications. The company has the obligation of paying certain quantity to the worker after carrying out the calculation of the indemnification that corresponds by taking into account several factors such as worker’s seniority in the company.

If the dismissal is unfair and there is no agreement on the part of the employee, he/she can try and reconcile before filing a complaint in the 20 business days later to the dismissal. The objective is to try and find a solution to the problem with which both parts are satisfied. This action is compulsory in most of the cases before starting a judicial proceeding and it has to be a judge who indicates who is right in the conflict.

Rights and basic recommendations

• Demanding the termination letter.

• In objective dismissals workers must know this decision 15 before they have to leave their workstation.

• The company should pay off the days worked of workers that leave the company as long as the established conditions are fulfilled.

• Searching for advice for the calculation of compensation and demanding of worker’s rights they possibly do not know.