Lawyers Marbella

Lawyer for dismissal

Types of dismissals in Spain

In Spain, dismissals are classified into three main groups: objectives, disciplinary and null.

The objective dismissal is based on a series of causes unrelated to the worker. These causes are included in Article 52 of the Workers' Statute. It deals with economic, technical, organizational or production causes. This happens, for example, when the company is bankrupt and can no longer continue with its activity. These dismissals can be classified, in turn, in three ways: appropriate (that is, when they are justified), inadmissible (when they are not) and null.

On the other hand, the disciplinary dismissal is based on the behavior of the worker himself. Among some of these behaviors we find:

  • Repeated and unjustified absences of attendance or punctuality to work;
  • The indiscipline or disobedience;
  • The habitual drunkenness or drug addiction if they negatively affect the work;

As with the objective dismissal, the disciplinary dismissal can also be considered in three different ways: appropriate, inadmissible and void.

Finally we find the null dismissals, which are those that occur in the case of pregnant workers. The law is clear and says that a worker can not be dismissed based solely on her pregnancy; When this occurs, the dismissal is considered null and the worker will have the right to be reinstated in her position. It is the company who must demonstrate that the dismissal has occurred for other reasons and that it has no connection with the pregnancy, if it has really happened like this.

How to claim dismissal

Our Firm in Marbella specializes in spanish law and we can help you to claim your dismissal. We understand that being fired is a particularly serious circumstance today and that it is more important than ever to have a good professional to defend our rights. Therefore, we invite you to contact us if you need more help. Our specialized lawyers will help you.