when it applies and its legal regulations

What is a fair dismissal?

In the workplace, there are many situations that can lead a company to make the decision to dismiss one or more employees. Within Spain, there are two types of dismissal: objective or disciplinary.

Regardless of the case, both can be classified as admissible, inadmissible or null, depending on whether or not the labor regulations or statutes are complied with.

However, a dismissal is appropriate when the company is able to prove that there has been a serious breach of contract by the employee. This means that all the reasons for the dismissal are legitimate and within the framework of the law.

How is it determined whether a dismissal is fair?

It should be noted that the determination of whether the dismissal is justified or unjustified is not made by the company, but by a judge who is responsible for declaring the dismissal justified through his verdict. In this sense, if an employee has doubts about his dismissal, he can resort to legal proceedings within a maximum period of 20 working days after receiving the dismissal letter.

The judge will be in charge of determining whether the reason for the dismissal is vietnam email list  true and complies with the law. If so, the dismissal is declared admissible, but if not, it may be declared unfair or null.

Differences between justified and unjustified and null dismissal

It is extremely important to know the difference between a fair and unfair dismissal, as well as a null dismissal.

If a justified dismissal is one in which the cause can be proven, then an unjustified dismissal is the  vertical content: What it is and how to implement it 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 whatsapp aumber   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.

Legal reasons for fair dismissal

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 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