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When is a dismissal considered unfair?

When is a dismissal considered unfair?

According to the Workers’ Statute in Spain, a dismissal is considered unfair when it is carried out without a justified cause or when the procedures established by law have not been adequately followed.

There are two situations in which a dismissal may be considered unfair:

  • Unfair dismissal for lack of just cause: This occurs when the employer decides to dismiss a worker without a valid and justified reason for it. For example, if an employee is fired for no apparent reason or without seriously breaching their job obligations.
  • Unfair dismissal due to breach of procedure: This happens when the legal requirements and procedures established to carry out a dismissal have been violated. For example, if the employer has not delivered a written dismissal letter to the worker, has not respected notice periods or has not followed the prior consultation procedure in cases of collective dismissals.

If there is a case of unfair dismissal, the employer can either readmit the worker in the job from which he had been fired or compensate for damages, has a period of 5 business days from the judicial notification of the sentence that declares the dismissal unfair to make a decision between the reinstatement of the worker or the payment of the corresponding compensation. If you do not rule on the matter, it will be presumed that you have chosen readmission.

For example, Carlos has worked in a company for several years and has always fulfilled his responsibilities. One day, the company decides to fire you suddenly and without providing a clear reason. Proper notification procedures are not followed and no valid justification for dismissal is provided. Given that there are neither sufficient reasons nor adequate procedures, the dismissal of Carlos could be considered unfair.

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