Employment lawyer

Different ways to extinguish a contract in Spain: redundancies, disciplinary dismissal, contractual modifications, etc.

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Redactado por Josep Conesa

Abogado laboral y concursal

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employment dismissals in spain

• Sometimes an employee may need an employment lawyer because he can be fired because economic reasons or even disciplinary reasons. 
• Sooner or later company needs an employment lawyer because there is the need to adopt labor measures.

WE HELP BOTH, EMPLOYEES AND EMPLOYERS

Link to contact with our expert team on negotiation and employment court defense 

different ways to extinguish a contract in spain: 

1.      Employee’s withdrawal

The employee may leave the company at any moment. The company has no obligation to give him any indemnification. Just the proportional earned vacations, salary and extra payments.

As we perform payrolls at Gesoffice don't hesitate to ask us for any calculation.

2.      Disciplinary reasons sack

A Judge will sentence this sack as fair, unfair or null.

Fair OR LAWFUL DIMISSAL

The company will not have to pay anything because disciplinary reasons will be proved.

Unfair OR UNLAWFUL dismissing

The company will have to pay an indemnification of which amount will be calculated with two stretches:

• Till 12/02/2012 the indemnification will be 45 days of salary day, per year of service at the company, with a maximum of 42 months of salary.
• Since 12/02/2012 till the sacking day will be 33 days of salary day, per year of service at the company, with a maximum of 24 months of salary.

Null DISMISAL

If the Judge has considered that the company has infringed a fundamental right.

The consequence will be a readmission with right to perceive salaries since the sacking day, and an additional indemnification if the employee has had claimed damages.

3.      Contract resolution because of objectives causes

The company can try to resolve employee’s contract because objective causes.

Basically, objective causes are: economical, technical, organizational and productive causes.

In that way, the company must give a 20 days of salary day, per year of service at the company, with a maximum of 12 months of salary with the resolution letter.

The employee can claim against agued company reasons and a judge will consider if the resolution is fair or unfair:

Fair

The 20 days indemnification will be well done.

Unfair

The company will have to pay to the employee the gap till 45 days of salary day, per year of service at the company, with the maximum of 42 months of salary (or commented 33 days with a top of 24 months since 12/02/2012).

When arguing the objective reasons the company will need corporate lawyers and economists specialists in this kind of individual or collective dismissals so that all reasons would convince during negotiation or in front of a judge. Don't hesitate to ask for our specialists. 

4.      Contractual modifications

There are other ways the contract could be extinguished. One of them could be as a consequence of a substantial modification, or a moving.

Substantial contractual modifications:

If the company modifies journey; horary or timetable distribution; shifts; salary or remuneration system; category, the employee has the possibility to claim against it or perceive an indemnification of 20 days of salary day, per year of service at the company, with a maximum of 9 months of salary leaving the company.

The company has to argue these changes with the same commented objective reasons: economical, technical, organizational and productive causes.

Moving:

If workplace moves in a distance that the employee has to move his address, the employee has the possibility to claim against it or perceive an indemnification of 20 days of salary day, per year of service at the company, with a maximum of 12 months of salary leaving the company.

The company has to argue this moving with the same commented objective reasons: economical, technical, organizational and productive causes.

5.      The employee can claim contractual resolution if there are company non-fulfillment

If the company does not fulfil his basic labour contractual obligations, the employee can claim in court his labour contract with right to 45 days of salary day, per year of service at the company, with the maximum of 42 months of salary indemnification (or commented 33 days with a top of 24 months since 12/02/2012).

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HOW WE CAN HELP AS AN INTERNATONAL LAW FIRM IN BARCELONA

We are a local open mind law firm that has seen how our world has become nicely global. And our lawyers have become also international so that we speak French and English with high added value due our professionalism and values.

Link to our client's company management

EMPLOYMENT advisory and PAYROLL CALCULATIONS

The company will also need some labor law or employement advisory before taking actions, and some  payroll services in spain since the employees have right to their settlement, and there are some paid forwarning notice of dismissal to do. Therefore, some payroll specialist will have to do some calculations in order to avoid farther claims.