Lawyers Marbella

Types of labor dismissal

At present situations are quite frequent in which the worker is unfairly dismissed from his usual job. In general, although there is exhaustive information on other labor issues (such as types of contracts), the same does not apply to the different types of dismissals, an issue that we now address. We have to start from the distinction established by the spanish Statute of Workers. This distinguishes between disciplinary dismissal, objective, and null dismissal. Let's see what each of their figures consist of.

By disciplinary dismissal we understand the worker's tax with sanction to his behavior. The causes are assessed in art. 54 of the Workers' Statute. Among them we find the unpunctuality, the disobedience and the verbal or physical offenses, among others.
For its part, the objective objective refers to internal situations of the company, and not to the worker himself. As in the case, the causes of this dismissal are assessed. The arts. 52 and 53 of the Statute include economic consequences that prevent the company from continuing its activity, as well as causes of force majeure (fire, destruction of warehouses, etc.).
Finally, it is considered null dismissal that has no legal value, so it has been produced. For example, when you are dismissed from a pregnant worker for the simple fact of being in that situation, the dismissal does not comply with the law and can be called null.

Bear in mind that depending on the case we are, the deadlines and consequences of each dismissal will be different. Compensation, for example, includes a different number of days depending on one type or another. Whatever the case before us, if we consider resorting to a dismissal we must have the advice of a specialist lawyer in the field, because we are properly guided on the steps to follow. Contact us for further information.