Lawyers Dismissals Madrid

Have you been Fired?

Employment Law Firm with expertise in Dismissals

  • Disciplinary Dismissal
  • Objective Dismissal
  • Collective Dismissal

Dismissal Claims in Madrid and the rest of Spain

Law Firm

Our Employment Lawyers, specialised in Employment Law, will be able to offer you our professional services in the processing of Dismissal from the point of view of both the company and the worker. We can represent you both in Madrid and in the rest of Spain! Count on the best dismissal lawyer in Madrid.

Remember that you must lodge a complaint against the dismissal within 20 working days. This period is a time limit. The claim must be signed by a practising lawyer.

First you must go to the SMAC and if you cannot reach an agreement, you must go to the Social Court, which must be assisted by a lawyer.

Our dismissal lawyers in Madrid will advise you on the steps and procedures to be followed at all times.

Contact us at any of our Madrid law offices

Our Law Firm has Employment Lawyers specialised in dismissal in Madrid and the Community of Madrid who will be able to advise and help you in any matter related to Employment Law.

Call us and make an appointment at our offices in Madrid, Pozuelo, Villalba or Majadahonda where our Employment Lawyers will attend to you.

What is a Dismissal?

It is the decision taken by the company to interrupt the employment relationship, which is not voluntary for the employee, and which is taken by the company.

How can I be fired?

Dismissal can be express, in which the company delivers the letter of dismissal, or tacit. In this case, although the letter of dismissal is not delivered, there are unequivocal signs of the termination of the employment relationship.

It is very important to note down the date of the dismissal because from this moment on your lawyer has 20 days to contest it.

What types of dismissal are there?

Dismissal results in the termination of the employment relationship. There are different grounds for dismissal, which are as follows:

Disciplinary Dismissal

The employment contract may be terminated by decision of the employer by dismissal based on a serious and culpable breach of contract by the employee.

The following shall be considered breaches of contract

  • a) Repeated and unjustified lack of attendance or punctuality at work.
  • b) Indiscipline or disobedience at work.
  • c) Verbal or physical offences against the employer or persons working in the company or family members living with them.
  • d) Breach of contractual good faith, as well as breach of trust in the performance of work.
  • e) Continuous and voluntary reduction in normal or agreed work performance.
  • f) Habitual drunkenness or drug addiction if they have a negative impact on work.
  • g) Harassment on grounds of racial or ethnic origin, religion or beliefs, disability, age or sexual orientation and sexual harassment or harassment on grounds of sex against the employer or persons working in the company.

Objective Dismissal

  • Inability of the worker. It must be an inability of the worker to perform correctly all the functions derived from his or her position. It must be an inability that becomes known after the worker starts working in the company.
  • Failure to adapt to necessary technical modifications. Advances in technology may mean that some workers become outdated and do not adapt to the situation.
  • Technical, organisational, productive or economic reasons. In some cases the company may start to use tools that improve production or entail a restructuring of the company, or it may have economic difficulties, which means that some workers may have to be made redundant.
  • Justified but intermittent absences from work. The Workers' Statute establishes the requirements for justified absences to be considered a cause for dismissal. They must reach 20% of the working days in two consecutive months and the total absences in the previous 12 months must reach 5% of the working days, or 25% in 4 discontinuous months within a 12-month period.

Collective Dismissal

In this type of dismissal, there is a plurality of affected parties, requiring the processing of an employment regulation file, in which important formalities regulated in the Workers' Statute and applicable regulations must be complied with.

I have been fired, what do I do?

If you are being given the letter of dismissal, receive it, and sign "received and not in agreement". It is important that you receive the letter so that you know the ultimate cause of dismissal and so that we can challenge it properly.

Subsequently and immediately, contact us. An employment dismissal lawyer will assist you and will tell you the best course of action to take.

If you wish, in addition to being attended in our Law Firm in Madrid, we offer you the possibility of our Labour Dismissal Lawyers attending you in our offices in Pozuelo de Alarcón and Majadahonda.

What is my deadline?

It is important for you to know that you have a short period of 20 days, excluding Saturdays, Sundays and public holidays, which also has an expiry date.

Where do I complain?

Initially, your claim will be submitted to the Mediation, Arbitration and Conciliation Service and, if no agreement is reached, to the Social Court.

Qualification of Dismissal

The dismissal will be classified as fair, unfair or null and void.

Dismissal shall be considered fair when the non-compliance alleged by the employer in his letter of notice is proven. It shall be unjustified in the opposite case or when in its form it does not comply with the provisions of paragraph 1 of this article.

Dismissal shall be null and void if it is based on any of the causes of discrimination prohibited in the Constitution or in the Law, or if it occurs in violation of the fundamental rights and public liberties of the worker.

Dismissal shall also be null and void in the following cases:

(a) That of workers during the period of suspension of the employment contract due to maternity, risk during pregnancy, risk during breastfeeding, illness caused by pregnancy, childbirth or breastfeeding, adoption or fostering or paternity referred to in Article 45(1)(d), or that notified on a date such that the period of notice granted ends within that period.

(b) that of pregnant workers, from the date on which the pregnancy begins until the beginning of the period of suspension referred to in point (a), and that of workers who have applied for or are on leave as referred to in Article 37(4), (4a) and (5), or have applied for or are on leave as referred to in Article 46(3), and that of female workers who are on leave as referred to in Article 46(4), (4a) and (5), or who have applied for or are on leave as referred to in Article 46(4), (4a) and (5) 46; and that of female workers who are victims of gender violence for exercising their rights to reduce or rearrange their working time, geographical mobility, change of work centre or suspension of the employment relationship, under the terms and conditions recognised in this Act.

c) That of workers after having returned to work at the end of the periods of suspension of the contract due to maternity, adoption or fostering or paternity, provided that no more than nine months have elapsed since the date of birth, adoption or fostering of the child. The provisions of the above paragraphs shall apply unless, in such cases, the dismissal is declared null and void for reasons unrelated to pregnancy or to the exercise of the right to the aforementioned leave of absence.

The null dismissal shall have the effect of immediate reinstatement of the worker, with payment of the wages lost. Fair dismissal will validate the termination of the employment contract that occurred with the dismissal, without the right to compensation or wages for processing.

Clasificación del Despido

Aquí va el vídeo

When the dismissal is declared unfair, the employer, within five days of notification of the judgement, may choose between reinstatement of the worker, with payment of the wages for processing provided for in paragraph b) of this section 1, or payment of the following economic benefits, which shall be established in the judgement:

a) An indemnity of forty-five days' wages per year of service, with periods of less than one year being prorated by months up to a maximum of forty-two monthly payments.

b) An amount equal to the sum of the wages not received from the date of dismissal until the notification of the judgement declaring the unfairness or until he/she had found another job, if such placement was prior to said judgement and the employer proves what he/she received, to be deducted from the wages for processing.

In the event that the choice between reinstatement or compensation corresponds to the employer, the employment contract shall be understood to be terminated on the date of dismissal, when the employer acknowledges the unfairness of the dismissal and offers the compensation provided for in paragraph a) of the previous section, depositing it at the Social Court at the disposal of the worker and informing the latter.

When the worker accepts the compensation or when he/she does not accept it and the dismissal is declared unfair, the amount referred to in paragraph b) of the previous section shall be limited to the wages accrued from the date of dismissal until the date of the deposit, except when the deposit is made within forty-eight hours of the dismissal, in which case no amount shall be accrued.

For these purposes, the recognition of unfairness may be made by the employer from the date of dismissal until the date of conciliation.

In the event that the employer does not opt for reinstatement or compensation, it is understood that the former is applicable.

If the dismissed worker is a legal representative of the workers or a trade union delegate, the option shall always correspond to the latter. If he/she does not make the choice, it shall be understood that he/she is opting for reinstatement. When the option, express or presumed, is in favour of reinstatement, reinstatement shall be obligatory.

What compensation will I get?

If the dismissal is declared unfair for contracts prior to February 2012, we will get a compensation of 45 days per year of service and from that date onwards 33 days per year.

There are limits depending on each case. Consult our Employment Lawyers.

¿How much will you charge me?

Our fees are made up of a fixed and a variable part. We will charge a small fixed amount for attending the SMAC and the Court and a variable amount depending on the stage at which the compensation is collected.

If your dismissal claim is unsuccessful, you will only pay the small fixed amount.

¿Why G.Elías y Muñoz Lawyers?

Because we are very good employment lawyers.

G.Elías y Muñoz Lawyers We have been advising workers and companies for more than 25 years and we know what we have to do at any given moment.

We will obtain the Maximum Severance Pay

Our Employment Lawyers, experts in dismissals, will know how to advise you either to challenge the dismissal or, if necessary, with the appropriate discretion, to initiate the appropriate legal actions to terminate your employment contract and obtain the maximum compensation, taking into account the different labour reforms that have been implemented.

We have lawyers who specialise in severance pay and the defence of workers who are entitled to significant compensation.

Trust in our lawyers specialised in labour law.

Our lawyers specialising in employment law

Specialised lawyers

Reasons for dismissal

Dismissal results in the termination of the employment relationship. There are different grounds for dismissal.

The employment contract may be terminated by decision of the employer by dismissal based on a serious and culpable breach of contract by the employee.

The following shall be considered breaches of contract

a) Repeated and unjustified lack of attendance or punctuality at work.
b) Indiscipline or disobedience at work.
c) Verbal or physical offences against the employer or persons working in the company or family members living with them.
d) Breach of contractual good faith, as well as breach of trust in the performance of work.
e) Continuous and voluntary reduction in normal or agreed work performance.
f) Habitual drunkenness or drug addiction if they have a negative impact on work.
g) Harassment on grounds of racial or ethnic origin, religion or beliefs, disability, age or sexual orientation and sexual harassment or harassment on grounds of sex against the employer or persons working in the company.

Form and effects of termination on objective grounds

  1. The adoption of the termination agreement pursuant to the provisions of the previous article requires compliance with the following requirements:
    • a) a) Written communication to the worker stating the cause.
    • b) At the same time as the written notice is given, the worker shall receive compensation of twenty days' pay per year of service, with periods of less than one year being prorated by months and with a maximum of twelve monthly payments. When the termination decision is based on Article 52.c) of this Act, with the allegation of an economic cause, and as a consequence of this economic situation it is not possible to provide the worker with the compensation referred to in the previous paragraph, the employer, stating this in the written notice, may cease to do so, without prejudice to the worker's right to demand payment from the employer when the termination decision becomes effective.
    • c) Granting of a period of notice of fifteen days, calculated from the delivery of the personal communication to the worker until the termination of the employment contract. In the case contemplated in Article 52.c), a copy of the written notice shall be given to the workers' legal representatives for their knowledge.
  2. During the period of notice, the worker, or his legal representative in the case of a disabled person who has one, shall be entitled, without loss of pay, to six hours' leave per week in order to look for new employment.
  3. The dismissal decision may be appealed against as if it were a disciplinary dismissal.
  4. When the employer's decision to terminate the employment is based on any of the causes of discrimination prohibited in the Constitution or in the Law, or when it has been produced in violation of the fundamental rights and public liberties of the worker, the decision to terminate the employment shall be null and void, and the judicial authority shall make such a declaration ex officio.

    The termination decision shall also be null and void in the following cases:

    • a) That of workers during the period of suspension of the employment contract due to maternity, risk during pregnancy, risk during breastfeeding, illness caused by pregnancy, childbirth or breastfeeding, adoption or fostering or paternity referred to in Article 45(1)(d), or that notified on a date such that the period of notice granted ends within that period.
    • b) that of pregnant workers, from the date on which the pregnancy begins until the beginning of the period of suspension referred to in point a), and that of workers who have requested or are taking leave of absence referred to in Article 37(4), (4a) and (5), or who have requested or are taking leave of absence referred to in Article 46(3); and that of female workers who have requested or are taking leave of absence referred to in Article 46(4), (4a) and (5), or who have requested or are taking leave of absence referred to in Article 46(3). 46; and that of female workers who are victims of gender violence due to the exercise of their rights to reduce or rearrange their working time, geographical mobility, change of work centre or suspension of the employment relationship under the terms and conditions recognised in this Act.
    • c) That of workers after having returned to work at the end of the periods of suspension of the contract due to maternity, adoption or fostering or paternity, provided that no more than nine months have elapsed since the date of birth, adoption or fostering of the child. The provisions of the above paragraphs shall apply, unless, in such cases, the decision to terminate the contract is declared to be justified for reasons unrelated to pregnancy or to the exercise of the right to the leave and leave of absence mentioned above. The termination decision shall be considered unfair when the cause on which the termination decision was based is not accredited or when the requirements established in paragraph 1 of this article have not been met. However, the failure to give notice or an excusable error in the calculation of the compensation shall not determine the unfairness of the dismissal, without prejudice to the employer's obligation to pay the wages corresponding to said period or the payment of the compensation in the correct amount, regardless of the other effects that may be applicable.
  5. The classification by the judicial authority of the nullity, validity or unlawfulness of the dismissal decision shall produce the same effects as those indicated for disciplinary dismissal, with the following modifications:
    • a) In the event that the dismissal is justified, the worker shall be entitled to the compensation provided for in paragraph 1 of this Article, consolidating it if he/she has received it, and shall be understood to be unemployed for a reason not attributable to him/her.
    • b) If the termination is declared unfair and the employer proceeds to reinstate the worker, the worker shall be reimbursed the compensation received. If the reinstatement is replaced by financial compensation, the amount of such compensation shall be deducted from the compensation.

Remember that you must lodge a complaint against the dismissal within 20 working days. This period is a time limit.

First you must go to the SMAC and if you do not reach an agreement, you must go to the Social Court.

Our Employment Lawyers in Madrid will advise you on the steps and procedures to be followed at all times.

The dismissal will be classified as fair, unfair or null and void.

Dismissal shall be considered fair when the breach alleged by the employer in his letter of notice is proven. The dismissal shall be considered unfair if it is not in accordance with the provisions of paragraph 1 of this Article or if its form does not comply with the provisions of paragraph 1 of this Article.

Dismissal shall be null and void if it is based on any of the causes of discrimination prohibited by the Constitution or by law, or if it occurs in violation of the fundamental rights and public liberties of the worker.

Dismissal shall also be null and void in the following cases:

  • a) That of workers during the period of suspension of the employment contract due to maternity, risk during pregnancy, risk during breastfeeding, illness caused by pregnancy, childbirth or breastfeeding, adoption or fostering or paternity referred to in Article 45(1)(d), or that notified on a date such that the period of notice granted ends within that period.
  • (b) that of pregnant workers, from the date on which the pregnancy begins until the beginning of the period of suspension referred to in point (a), and that of workers who have applied for or are on leave as referred to in Article 37(4), (4a) and (5), or have applied for or are on leave as referred to in Article 46(3), and that of female workers who are on leave as referred to in Article 46(4), (4a) and (5), or who have applied for or are on leave as referred to in Article 46(4), (4a) and (5) 46; and that of female workers who are victims of gender violence for exercising their rights to reduce or rearrange their working time, geographical mobility, change of work centre or suspension of the employment relationship, under the terms and conditions recognised in this Act.
  • c) That of workers after having returned to work at the end of the periods of suspension of the contract due to maternity, adoption or fostering or paternity, provided that no more than nine months have elapsed since the date of birth, adoption or fostering of the child.

The provisions of the above paragraphs shall apply unless, in such cases, the dismissal is declared null and void for reasons unrelated to pregnancy or to the exercise of the right to the aforementioned leave of absence.

The null dismissal shall have the effect of immediate reinstatement of the worker, with payment of the wages lost. Fair dismissal shall validate the termination of the employment contract that occurred with the dismissal, without the right to compensation or wages for processing.

When the dismissal is declared unfair, the employer, within five days of notification of the judgement, may choose between reinstatement of the worker, with payment of the processing wages provided for in paragraph b) of this section 1, or payment of the following economic benefits, which shall be established in the judgement:

  • a) An indemnity of forty-five days' wages per year of service, with periods of less than one year being prorated by months up to a maximum of forty-two monthly payments.
  • b) An amount equal to the sum of the wages lost from the date of dismissal until the notification of the judgement declaring the unfairness or until he/she had found another job, if such placement was prior to said judgement and the employer proves what was received, to be deducted from the wages for processing.

In the event that the choice between reinstatement or compensation corresponds to the employer, the employment contract shall be understood to be terminated on the date of dismissal, when the employer acknowledges the unfairness of the dismissal and offers the compensation provided for in paragraph a) of the previous section, depositing it at the Social Court at the disposal of the worker and informing the latter.

When the worker accepts the compensation or when he/she does not accept it and the dismissal is declared unfair, the amount referred to in paragraph b) of the previous section shall be limited to the wages accrued from the date of dismissal until the date of the deposit, except when the deposit is made within forty-eight hours of the dismissal, in which case no amount shall be accrued.

For these purposes, the recognition of unfairness may be made by the employer from the date of dismissal until the date of conciliation.

In the event that the employer does not opt for reinstatement or compensation, it is understood that the former is applicable.

If the dismissed worker is a legal representative of the workers or a trade union delegate, the option shall always correspond to the latter. If he/she does not make the choice, it shall be understood that he/she is opting for reinstatement. When the option, express or presumed, is in favour of reinstatement, reinstatement shall be obligatory.

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