Claim against the State for wages for processing in dismissal proceedings.

According to the news provided by our employment lawyers, Royal Decree 418/2014 of 6 June has been published in the Official State Gazette of 18 June 2013, in which the provisions of the same will be applicable in those cases in which the judgement of the corresponding judicial body that for the first time declares the unfairness of the dismissal is issued after more than 90 working days have passed since the claim was filed, in accordance with the provisions of article 57 of the Workers' Statute and the Law on Social Jurisdiction.

Once the judgment has become final, and provided that the reinstatement of the worker is chosen, the processing wages paid to the worker or not paid in the event of the provisional insolvency of the employer, and the Social Security contributions paid in excess of this period, may be claimed from the State.

Both the employer who, having reinstated the worker who was unfairly dismissed, has paid the processing wages, and the dismissed worker himself in the event of the employer's insolvency, are entitled to file the claim. 

The Government delegations and sub-delegations are responsible for investigating the procedure until the corresponding proposals for resolution are issued, which will be transferred within the established period to the Directorate General for Relations with the Administration of Justice of the Ministry of Justice. 

The Directorate General for Relations with the Administration of Justice is the competent body for the resolution and, where appropriate, for the approval and commitment of the expenditure, as well as the recognition and proposal for payment of the economic obligations arising from the resolution of the aforementioned file.

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