Legal reasons for fair dismissal

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If a justified dismissal is one in which the cause can be proven, then an unjustified dismissal is the opposite. In this case, the judge establishes that the cause stated by the company does not justify the termination of the employment relationship. This also occurs when the reasons given by the company are not true or cannot be proven.

On the other hand, an unfair dismissal occurs when an attempt is made to violate the workers' labour rights, so that the judge eliminates any validity of the dismissal and all its consequences.

Therefore, it must be taken into account that the court only evaluates the reasons indicated in the dismissal letter. The justification must be provided by the company and is what really determines whether the dismissal is justified, unjustified or void.

There are several types of unfair dismissal, as we mentioned at the beginning: objective or disciplinary dismissal. In the first case, it is generated due to circumstances beyond the control of the company and must be supported or justified by one of these causes:

Economic, technical, organizational and production reasons : dismissal is considered appropriate if the company has reasons that prevent it from keeping all its staff active, such as, for example, a decrease in demand for a product.
Worker incompetence : occurs when the worker does not complete his assigned tasks, when he is absent due to tardiness or simply does not follow the instructions of his superiors.
Lack of worker adaptation : Finally, dismissal may occur when workers are unable to fit into the work environment or the organization, directly interfering with their activities.
All these situations must be justified, highlighting that, in the case of list of south korea cell phone number an objective dismissal, the employee has the right to receive compensation, whether justified or unjustified. This is established in the Spanish Workers' Statute.

Examples of objective dismissal
There are many examples of this type of dismissal. One of the most common currently is due to the incorporation of technology in certain areas of a company, which means that certain jobs are no longer necessary. This would be a technical cause for dismissal.

A dismissal for objective economic or organizational reasons can occur when a company needs to close one of its branches due to lack of resources or a decrease in demand for its service.

Legal regulations for fair dismissal
According to Spanish law, all companies must comply with a basic procedure to ensure that the dismissal is justified. In this regard, their first step will be to establish the cause of dismissal and have the necessary evidence to validate it. Once the cause has been defined, the following steps must be followed:

Inform the employee of the dismissal through a letter delivered in person or by email.
Inform the employee of his or her rights, i.e. his or her right to compensation and to challenge the dismissal.
If it is an objective dismissal, the letter must be delivered 15 days before the formal dismissal date.
Compensation of 20 days for each year of service, with a maximum of 12 monthly payments, must be paid at the time of notification of dismissal.
Each company is responsible for terminating the employee's Social Security benefits within a maximum period of 3 days after making the dismissal effective.