In Spain, for a dismissal to be considered fair , the company must prove an objective whatsapp australia contact number and real cause that justifies the decision to terminate the employee's employment contract. Some of the most common causes that justify a fair dismissal are serious breach of employment obligations, poor performance, continued and voluntary decline in performance, ineptitude or lack of adaptation to the job.
However, a dismissal is considered unfair when the company does not prove an objective reason to justify the termination of the contract, or when the legal procedures established in the labour regulations to carry out the dismissal have not been complied with. In these cases, the worker has the right to compensation and reinstatement in the company, if he or she so wishes. Reinstatement at the economic level consists of the payment of the procedural wages. Therefore, whether reinstatement occurs or you are paid the compensation, it is advisable to go to a tax advisor to avoid surprises with the Treasury due to the payment of these amounts.
Compensation depends on the length of service of the employee in the company and the type of contract he or she has. According to current labour legislation, in the event of unfair dismissal, the employee is entitled to compensation that varies depending on the length of time he or she has been working for the company.
For permanent contracts signed after 12 February 2012 , the compensation for unfair dismissal is 33 days' salary per year worked, with a maximum limit of 24 monthly payments. That is, if a worker with a permanent contract is unfairly dismissed after working 10 years in the company with a monthly salary of 2,000 euros, his compensation would be 20,900 euros (33 days x 10 years x 2,000 euros / 12 months = 20,900 euros).
In the case of permanent contracts signed before February 12, 2012, the compensation for unfair dismissal is 45 days' salary for each year worked until February 12, 2012 , with a maximum limit of 42 monthly payments.
For temporary contracts , compensation for unfair dismissal is 12 days' salary per year worked, with a maximum limit of 6 monthly payments.
It is important to note that these are the minimum amounts established by law, and that in some cases the company may agree with the worker on a higher compensation. In any case, if a dismissal occurs , it is recommended to seek the advice of a labor lawyer to protect the rights of the worker and claim the corresponding compensation.