unfair dismissal

Relationships dismissals and sanctions

Dismissals and sanctions in the field of employment can give rise to numerous claims such as the claim for a compensation due an unfair dismissal for which legal support from professionals is necessary.

In the case of dismissals, this is the decision taken by a company at the end of the contract or employment relationship with the worker. Such dismissal may be either express or tacit.

There are various types of dismissals that is important to differentiate. Firstly, disciplinary dismissal is based on a serious and culpable breach by the employee. We also find objective dismissal, which can be for various reasons such as the ineptitude of the worker, the lack of adaptation to the changes, lack of assistance or technical, organisational or even economic causes. Finally, we find the collective dismissal, in which there is a plurality of affected persons and which requires the processing of a redundancy procedure.

All these dismissals can be qualified as appropriate, inappropriate or null, depending on whether or not the legal requirements established for this purpose have been met. On the last two cases we would be talking about an unfair dismissal

It is important that the corresponding claim is carried out within the periods established by law, being 20 working days from the date stipulated in the dismissal letter.

Regarding to sanctions, they are produced by the non-compliance of the worker’s labor obligations. They can be classified as very serious, serious and light. They may be of various kinds and consist of repeated absences from work or punctuality, verbal or physical offenses to the employer or to co-workers, continuous decrease in performance at work, sexual harassment, etc.

It is important to claim these sanctions to avoid possible dismissal, for which a 20 working days deadline is established.

At Letslaw, our team of specialists in labour law offers the necessary services to help you with the process. As well as in the defense against labour sanctions and dismissals that have occurred. We will review and analyse the employment situation to achieve the best solution to your problems.

The services offered by Letslaw include

  • Analysis of the allegelly unfair dismissal or sanction
  • Calculation of compensation
  • Pre-negotiation with the company
  • Assistance and representation in the SMAC
  • Demand writing
  • Trial defence

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