What is a letter of dismissal?

A letter of dismissal is a formal and written document that a company delivers to an employee to officially communicate that their employment relationship has been terminated. In this letter, the company explains the causes or reasons that led to the decision to terminate the employment contract. It may also contain information about the rights and compensations that correspond to the employee at the time of leaving employment. The letter of dismissal is a legally valid instrument that allows establishing the bases and conditions for the termination of the employment relationship.

When to use this contract?

A letter of dismissal is used in situations where an employer decides to end the employment relationship with an employee. Some common cases in which a termination letter is used are:

• Underperformance: When an employee does not meet the performance expectations set by the company.
• Breach of rules: When an employee repeatedly violates the policies or internal rules of the company.
• Downsizing: In situations where the company needs to reduce its workforce due to restructuring, mergers, or cost cutting.
• Misconduct: When an employee engages in unacceptable behavior in the workplace, such as harassment, theft, or violence. For this case, at LexDoka we have the disciplinary dismissal letter model.
• Justified dismissal: In serious cases of breach of contract, fraud or gross negligence.

Essential content

The essential content of a dismissal letter can vary depending on the context, but in general it usually includes the following:

• Header and date.
• Employee data.
• Dismissal statement.
• Reasons for dismissal.
• Details and fundamentals.
• Legal notices and deadlines.
• Instructions and next steps.
• Signature and copies.

Applicable law

The applicable legislation (or ”applicable regulation”) for the dismissal letter is:

• Royal Legislative Decree 2/2015, of October 23, which approves the revised text of the Workers’ Statute Law.

Related concepts

• When is a dismissal considered void?
• When is a dismissal considered unfair?
• When is a dismissal considered fair?
• Protective principle in labor law
• What is the basis of collective agreements at the labor level?
• Written reprimand to a worker

How much does it cost to make this contract with LexDoka?

Currently, we do not have an automated model for this contract. However, if you are interested, please let us know through this contact form, and we will take it into account to develop it and notify you when it is available. If you need it urgently, LexDoka offers a personalized contract automation service where we will work together with you to see what your needs are and develop it exclusively for you in the shortest possible time. If you are interested contact us.