Lawyers Marbella

Individual and collective dismissal

As experts in Labor Law we know well the types of dismissal and the procedures that are usually followed, so if you have just been dismissed and need advice, you can contact our team of lawyers in Marbella.

Faced with an individual dismissal, the causes of the dismissal may be disciplinary when, as a worker, he or she is guilty of serious misconduct and the employer decides to dismiss him or her, or for objective reasons due to the worker's ineptitude, lack of assistance or adaptation, organizational or insufficient budgetary provision.

Another type of dismissal is the so-called wrongful dismissal, which occurs when apparently there is no justified reason to do so.

With regard to collective redundancies or ERAs (Employment Regulation Record) are procedures that the law requires employers when there is an intention to carry out measures to regulate employment, in the face of an unfavourable economic situation or due to lack of work.

This can occur when the employer makes a collective dismissal for economic or production reasons, there will be a consultation period, the workers will constitute a commission, a report will be presented explaining the causes of the ERA and economic reports, accounts, technical and all that is necessary related to the reason. Also the number of workers, relocation plan, composition of different worker representation...

The employer may also suspend the employment relationship or reduce the working day to its employees for various reasons that must be justified, termination of the employment relationship by termination of the legal personality of the contractor or termination and suspension of the employment relationship and reduction of the working day due to force majeure.

If your company has problems and there are rumours of dismissal, if you find yourself involved in an ERE or for any other reason, you can contact our labour lawyers and we will inform you about everything you need to do and what your rights are before the employer. Contact with Lawyers Marbella.