Lawyers Marbella

English lawyers for pregnancy dismissal

Among the causes for which a dismissal occurs we find, unfortunately, that some companies use the pregnancy of a worker as a way to relieve her from her position. What do in this situation? What rights do they match? Then we are going to clarify it.

Qualification of dismissal

In Spain, the dismissals in this kind of cases are considered null. The company must show that there is a reason to have made the dismissal. Usually what they do is to claim causes that are not true, such as:

  • That the worker was unjustifiably missing work;
  • That he was late;
  • That she did not fulfill his obligations;
  • And others.

The burden of proof always corresponds to the company, so it will be she who must show that there are grounds for dismissal. Naturally, if there is no evidence to prove these facts, it will be very difficult for the dismissal to be considered justified. Remember also that you have no obligation to communicate the pregnancy to your company, since the Law does not require it.

Consequences of dismissal

If a dismissal is declared null by the Courts, it will have two consequences: the reinstatement of the worker, in the position and conditions that he had before; and the collection of processing salaries, that is, those that have stopped collecting as a result of the dismissal and until the end of the judicial process.
It is also possible to request compensation for damages, if the dismissal has caused us an undesired situation: for example, not being able to pay the mortgage because of said dismissal; lose housing, etc.

English lawyers for dismissal

In cases of dismissal, whether for this reason or for other reasons, it is very important to obtain advice through a english lawyer. It is a matter in which previous experience is necessary when claiming. In our office you will find the information and advice you need, so we invite you to contact us at any time.