Is notice of dismissal compulsory?

There are circumstances in which the employer is obliged to notify the employee of the termination of the employment relationship between them. This is what is known as notice of dismissal, a figure that is contemplated and regulated in the Workers' Statute and in the different professional collective bargaining agreements. Here we would like to explain in which cases it is obligatory.

How does notice work in temporary contracts?

This is probably the most complex case of all. This is mainly due to the fact that the Workers' Statute speaks of the obligation of both the employer and the employee to give notice when they are talking about the intention not to renew the temporary contract:

Employer. The employer must give 15 days' notice before the end of the contract if the employment or training contract has lasted for more than 1 year. Otherwise, he does not have to do so. Subsequently, he must pay the employee the severance pay and grant him the company certificate entitling him to unemployment benefit.
Employee. If it is the employee who expresses his or her intention not to renew the employment relationship, he or she must give notice of the end of the temporary contract under the same conditions as the employer. However, he/she will lose the right to receive unemployment benefits, as his/her decision will be treated as a voluntary resignation. What you will be able to receive is your severance pay and the corresponding compensation.

This is what you should know about the notice of non-renewal of a temporary contract. But what happens if the employer decides to dismiss the worker before the end of the period of time foreseen in the contract? Well, he/she will still have to give 15 days' notice.

How does notice of indefinite-term contract work?

When regulating notice in the Workers' Statute, the legislator established the obligation to give the worker 15 days' notice. However, this is a circumstance that depends mainly on the type of dismissal in question:

• Disciplinary dismissal. In this case, the employer is not obliged to give notice of dismissal. In fact, the employment relationship ends at the same moment in which the employee is notified, and he/she must collect his/her belongings and leave after payment of the severance pay (outstanding amounts for that month, holidays not taken, proportional parts of special payments, etc.).
• Objective dismissal. In this case, the company is obliged to give 15 days' notice. In fact, it does not matter what the justified objective cause is (technical, economic, organisational, etc.). During this period of time, the worker will be granted 6 hours of paid leave per week to look for another job.
• Dismissal declared unfair. A company may accept a dismissal as unfair or have to accept it because of a judge's ruling following an employee's challenge. In that case, it can choose between reinstatement of the employee or dismissal by paying the relevant compensation (33 days per year worked since 2012 and 45 days per year worked for the period prior to that date). If the latter option is chosen, it is not necessary to give notice.

What happens if you do not give 15 days' notice to the worker?

We have previously explained the cases in which a dismissal can be made without 15 days' notice. These were cases of disciplinary dismissal, unfair dismissal or dismissal for non-renewal of a temporary contract when its duration was less than 1 year. However, we must explain what happens when the employer does not give such notice.
Specifically, the main consequence of not giving the employee 15 days' notice of dismissal is to have to pay the employee's salary for that period of time as part of the settlement. The amount is the equivalent of approximately half a month's salary.
Unfortunately, knowing that they have not given notice, there are many companies that refuse to pay these days' wages to the employee. In this case, the employee has the right to make a claim for the amount by filing a conciliation petition in the corresponding Social Court. This does not require the services of a lawyer.
If the company still does not pay the 15 days' salary, the worker will have to file the relevant lawsuit in that court. From then on, the procedure does require a lawyer. You have one calendar year from the date of dismissal to make this claim.

In short, we hope that we have cleared up all your doubts regarding the obligation of the employer to give notice of dismissal in certain circumstances. Remember that, in the event that this does not occur, the best thing to do is to hire the services of a lawyer specialised in labour law. Only such a professional will be able to provide you with the personalised advice you need to protect your interests.