Barcelona labor Lawyer for dismissals

EMPLOYMENT lawyers, experts in Dismissals

Types of dismissals in Spain:

1. Objective dismissal:

   Objective dismissal is the type of dismissal which occurs when the employer terminates the employment contract for economic, technical, organisational, or production reasons. It is a lawful dismissal under Spanish law, provided that the employer follows specific procedures and criteria for justification and documentation. The employer must give the employee written notice of the dismissal and a severance payment of twenty days per year of service, up to a maximum of twelve months' salary.

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2. Disciplinary dismissal:

   Disciplinary dismissal is the type of dismissal which ocurrs when the employer terminates the employment contract for disciplinary reasons. This type of dismissal is legal in the event that the employee has comitted  a severe breach of the employment contract, such as theft, harassment, or serious negligence. However, the employer must provide evidence to prove the employee's misconduct before dismissing them. If the employer fails to justify the dismissal, the employee may be entitled to reinstatement and compensation for damages.

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3. Collective dismissal:

   Collective dismissal is the type of dismissal which occurs when the employer terminates the employment of a significant number of employees, usually for economic or production reasons. In Spain, collective dismissals are regulated by a specific legal framework which requires the employer to negotiate with workers' representatives and the relevant public authorities. The employer must provide a detailed plan for the dismissal and compensation for the affected employees.

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4. Mutual agreement termination:

   Mutual agreement termination is the type of dismissal which occurs when the employer and employee agree to terminate the employment contract voluntarily. This type of dismissal does not require a legal justification, but it must be in writing and signed by both parties. The employer must pay the employee severance compensation, which is usually higher than the compensation for objective dismissal.

   We can check to see whether you have received the correct severance pay 

5. Redundancies:

   Employment redundancies may take place on an individual basis, but they must be "collective" if they affect more than a 10% of the workforce. 
   Check the specifics here:

Link to employment collective dismissal experts

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Procedure issues of dismissal in Spain:

The layoff may be considered:

• fair dismissal: the judge or the parties agree with the reasons for the dismissal.
• unfair dismissal: the judge or the parties declare that the dismissal is not justified and the company has to pay legal compensation.
• void dismissal: the judge declares that the dismissal violates fundamental rights and that it is necessary for the company to reinstate the worker.

In order to know your options and possibilities throughout the layoff procedure, we can study the matter through a face-to-face meeting or on a video call now:

Contact our English-speaking lawyers here. We are located in Barcelona but we defend dismissal-related cases all over Spain. 

Link to English-speaking employment lawyer

 "We are experts in employment law, at the negotiation stage and in the Court defense."

Spanish employment indemnification for DISMISSALS:

1. First, insert the total annual gross salary
2. Second, insert antiquity before 2012 if any: how many years the employee was employed for before 12/02/2012.
3. Third, insert antiquity after 2012: how many years the employee has been employed for since 12/02/12 until today.

• The first result is indemnification for unfair dismissal
• The second result is indemnification for fair objective dismissal
• The third result is indemnification for fair disciplinary dismissal