employment at will
that an employer may discharge an employee at any time, for any reason or for no reason
dismissal in spain
employers may dismiss employees for no reason, as long as they pay them unfair dismissal compensation
causes for disciplinary dismissal (3)
- serious breach
- intentional or negligent
- must be serious
justification for disciplinary dismissal (3)
- inexcusable bad performance
- affects basic employers rights
- contractual breaches
procedure for disciplinary dismissal
- no notice period
causes for objective dismissal (3)
- lack of capability
- absenteeism
- redundancy
redundancy motives (4)
- economic situation
- technical or technological changes
- changes in work organization or methods
- with the market situation for the goods or services the company sells
Procedures for Objective Dismissal
- mail or hand an individual letter to each employee concerned
- pay the employee the statutory severance pay
- give the employee 15 day notice
unlawful dismissal (void or unfair) (2)
- claim within 20 days
- void if:
1. based on discrimination
2. constitutes retaliation against employee
anti fraud rule
edundancies postponed by the employer until after the 90-day period for the purpose of not reaching the collective threshold may be considered null and void
procedures for collective redundancies
- letter to reps.
- consultation max. 30 days (or 15 days if less than 50 employees)
- notice to every employee (min 30 days)
consultations discuss (3)
- reasons for redundancies
- means to avoid or reduce dismissal
- criteria for selecting employees
expiry of fixed term contracts
terminated by either party when term expires, notice must be given
employees retirement
may retire voluntarily (age 65)
permanent disability
lawfully terminate the contract if the employee has been held to be permanently and totally disabled for her usually occupation
no severance payment is due
employers retirement, disability or death
fair cause, 1 month salary severance
force majeure
employer wishing to dismiss employees must seek official authorization from the public administration
employees resignation
any time, requirement is notice of 2 months
constructive dismissal procedure
- file a suit
- quit if approved
- with severance and unemployment benefits
- amount is unfair dismissal
constructive dismissal beach (4)
- substantial change
- nonpayment
- harassment
- violations of fundamental rights
substantial change dismissing
- quit without hearing
- 20 days/9 if working conditions
- 20 days/12 if location
