An employment contract is not always a document that guarantees your position. There are times when you can't stand it, or when you don't adapt to that position and there is a dismissal. But, What types of dismissal are there in Spain?
If you want to be aware of them and know what there are and what each of them implies, we will explain it to you below.
types of dismissal
If you have an employment contract with a company or an employer, you should know that this is not a document that ensures you will be working forever. In reality, there may be different types of dismissal, such as:
- Disciplinary dismissal: This type of dismissal implies that the worker has committed some fault that makes him deserving of dismissal and that the employer immediately terminates the employment relationship that unites them. Some of the offenses that may involve applying this type may be work absenteeism, harassment (of any kind), theft, violence, non-compliance with your job or the rules imposed by the company, etc.
- Objective dismissal: It is perhaps one of the most complicated to understand. But if we tell you that lack of performance, lack of adaptation, technical changes in the workplace, reduced activity, etc. come into play. you may understand it better. In other words, the objective is to show that the cause can be determined by the worker or by the company's situations.
- Collective: It is given by a restructuring of the workforce or a reduction in personnel for economic, technical, organizational or production reasons.
- Dismissal for reasons external to the company: It occurs when a cause beyond the control of the company, such as a fire or a flood, makes it impossible to continue the employment contract.
- Voluntary dismissal: It occurs when the worker decides to end his employment contract with the company of his own free will.
Although in almost all the publications that you can see on the Internet they mention the first three types of dismissal, it must not be forgotten that the other two can also occur and are still dismissals.
We will delve into them below.
Disciplinary dismissal
We start with disciplinary dismissal, that is, the one that occurs when it is the company that terminates the contract because there has been a fault on the part of the worker. In other words, the employer no longer trusts the worker.
According to the Workers' Statute, a series of behaviors that are considered serious offenses are established, such as:
- Harassment at work (although here we can also talk about moral, sexual or psychological harassment).
- Drinking alcohol or taking drugs, especially in the workplace. But it may be the case that he comes to work in that state, so he could also be fired for that reason.
- Violence.
- Theft of company material.
- Not fulfilling your work obligations.
Now, you can't say goodbye just like that, but Some legal requirements must be met. The first of all is to open a disciplinary file, and notify the person, so that he can repair his behavior and thus avoid dismissal. In the event that you do not comply with it, or remain the same, the company You can notify the worker, through a dismissal letter, of the reasons why you have made that decision.
Of course, the worker may think that it is not justified, and is within their rights, being able to go to court to challenge the dismissal (and claim compensation when considering their dismissal as unfair).
Objective dismissal
In the case of objective dismissal, as we have mentioned, it occurs when there is an objective cause, either because the worker does not fit the position, or because of problems in the company. These allow the employment relationship to continue, alleging this type of dismissal.
Again, according to the Workers' Statute, these reasons can be:
- Economic causes: that is to say, it is alleged that there have been losses or a decrease in the activity, which means that the worker is not necessary.
- Technical causes: In case there is a transformation in the means of production and, therefore, the job becomes obsolete.
- Organizational reasons: When there are changes in the organization of the company that imply a restructuring of jobs.
- Causes of production: Normally due to market demand, which affects a decrease in the company's workload.
As with the disciplinary dismissal, also in the objective you have to follow a process. To do this, the company has the obligation to notify the worker of the decision to terminate the contract objectively, in writing and at least 15 days in advance. The compensation will be 20 days per year worked, with a maximum of 12 monthly payments.
Collective dismissal
Another type of dismissal that you can find is collective dismissal, also known as employment regulation file (ERE). It occurs when a company decides to terminate employment contracts simultaneously and affecting a large number of workers. That is to say, It is not just a single worker, but a significant number of your workforce.
In this case, before carrying it out, it is necessary to have a meeting with the representatives of the workers to be able to negotiate a social accompaniment plan that includes measures such as relocation, training, early retirement or the payment of severance pay. Along with this request for a meeting, a letter is sent to the General Directorate of Labor or the corresponding regional labor authority. Application in which the reasons for which you want to proceed with the collective dismissal are justified. After presenting it, a period of consultations with the workers' representatives is opened, and an attempt is made to reach an agreement on both measures and compensation for the workers.
If there is no agreement, it may be the competent labor authority that authorizes, or not, that dismissal, imposing measures.
Dismissal for reasons external to the company
Dismissal for reasons external to the company, also called dismissal due to force majeure, is regulated in article 51 of the Workers' Statute. It occurs when a circumstance beyond the control of the company makes it impossible to continue the employment contract, without any responsibility on the part of the employer. We are talking, for example, of a fire that has left offices unusable, an earthquake, a flood, etc.
The company must notify the worker of the dismissal immediately, since it is a situation that prevents the continuity of the employment contract. However, it is obliged to offer a job alternative if there are vacancies, either in that city or in others where the worker could choose. For his part, the worker may request to collect unemployment (if he is entitled to them).
voluntary dismissal
Voluntary dismissal, also known as resignation or resignation, is those situations in which it is the worker who ends his employment relationship with the company on his own initiative. That is to say, the worker can decide to leave his job without having to show that there is a valid reason for doing so.
To do this, the worker must communicate in writing to his superior, or to the director of the company, his desire to leave the job. Of course, he has to do it 15 days in advance (more if it is so established by collective agreement). During that time he must be available to teach a substitute or to have all the functions of his position explained.
Now you should know that If you do so, you do not have the right to receive compensation from the company, unless it has been previously agreed in the contract or in the collective agreement.. In addition, you will not be entitled to receive unemployment benefits either, except in some exceptional cases in which it is considered that the resignation has occurred for justified reasons.
Are the types of dismissal that exist clear to you?