Unfair dismissal
Dismissal declared by court without sufficient legal cause or failing to comply with formal requirements. The employer must choose between reinstating the worker with back pay or paying compensation: 33 days/year worked up to a maximum of 24 monthly salaries (contracts from 12/02/2012).
Related resources
Other Labor law terms
Agreement between worker representatives and employers regulating working conditions in a sector or company. Has regulatory force and is published in the BOE or regional gazette.
Voluntary suspension of the employment contract. Voluntary leave requires 1 year of seniority and lasts 4 months to 5 years, without job reservation (only re-entry preference). Childcare leave does reserve the position for the first year.
Wage Guarantee Fund: public body that partially guarantees outstanding wages and severance when the company is insolvent or enters insolvency proceedings.
Procedure to terminate contracts for economic, technical, organizational or production reasons exceeding legal thresholds (e.g. 10 workers in 90 days in companies of 100+). Requires consultation period with union representatives.
Lexiel searches case law on this term and drafts documents with verified citations.
Try free