Voluntary Termination of Contract at the Employee's Request
Is it possible to terminate an employment contract at the employee's request?
Employment law firm, experts in termination of employment contracts due to the employee's will.
We will obtain the maximum compensation
Maximum severance pay equivalent to that of dismissal
Our Employment Lawyers, specialised in Employment Law, will be able to offer you our professional services in the processing of a procedure for voluntary termination of the employment contract at the request of the employee.
Compensation in these cases is equivalent to that of unfair dismissal.
Remember that until 2012 you will receive 45 days per year of service and thereafter 33.
Our employment law firm has handled many cases of termination of contract with highly favourable results and we are highly specialised.
What is the termination of the contract at the employee's request?
When there is a breach by the employer, whether due to a modification of the working conditions, lack of content of the job, effective occupation, mobbing or any other serious breach provided for in article 50 of the Workers' Statute, the employee may request voluntary termination of the employment contract.
The final judgement in these proceedings is constitutive of the termination. It should be borne in mind that, in general, the employment relationship will subsist - and therefore services must continue to be provided and remuneration paid - until a final judgment is obtained.
What compensation will I get?
Compensation when there is a breach by the employer of its obligations entails the termination of the employment contract with the payment of compensation equivalent to unfair dismissal.
What procedure should I follow?
The worker must initially file a conciliation claim with the Mediation, Arbitration and Conciliation Service (SMAC or CMAC).
If an agreement is not reached, a trial must be held in which the termination of the employment contract is requested, the judgement of which can be appealed before the High Court of Justice.
Can the employer retaliate against the employee?
It is very important to know that from the moment legal action is initiated against the company, we will be assisted by the principle of indemnity.
This principle, of a constitutional nature, implies that the company may not adopt retaliatory measures for the mere fact of exercising the legal actions that correspond to the worker.
Infringement of this principle could lead to the measures taken being declared null and void.
What happens if I don't win the lawsuit or my claim is not upheld?
It is important to know that there can be no repercussions against you. The company can do nothing.
Our employment relationship will continue as it was. The employment relationship subsists.
What happens if the situation is unsustainable?
In certain cases, we may request the adoption of precautionary measures requesting exemption from the provision of services or suspension of the employment relationship.
Consult our lawyers.
Will I receive unemployment benefits?
The answer is YES. Even if it is a voluntary cause of termination of the contract, as there is a breach of contract by the employer, we will be entitled to unemployment benefits.
Where do you perform?
Do you represent throughout Spain?
Our Law Firm, and given our high specialisation, provides services in Madrid and the rest of Spain.
The fact that you live outside Madrid is not an inconvenience at all. There have been and still are many clients who have arranged all meetings by videoconference to prepare the case.
We are able to travel all over Spain without any problem.
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.Elias y Muñoz Abogados?
Because we are very good Labour Lawyers.
G.Elias y Muñoz Abogados is an employment law firm practising in Madrid and the rest of Spain. We have been advising workers and companies for more than 25 years and we know what to do at all times.
We will obtain the maximum compensation for termination of your employment contract.
Our employment lawyers will know how to advise you in order to take the appropriate legal action to terminate your employment contract and obtain the maximum compensation, taking into account the different labour reforms that have been implemented.
We have lawyers specialised in compensation for dismissal, termination of contract 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
Contact us at any of our offices in Madrid
Our law firm has specialised employment lawyers 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 in our offices in Madrid, Pozuelo; Villalba or Majadahonda where our Labour Lawyers will attend you.
You can find more information about the current legislation on the website of the Ministry of Employment and Social Security.
Lawyers Specialising in Termination of Employment Contract at the Employee's Request
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