Updated: 27/04/22
It is well known that in Spain the current legislation protects workers in the face of a possible violation of their rights These rights and their obligations are set out in the Workers' Statute, and one of the most important of these is the right to keep your job. However, there are certain circumstances in which a company has the right to terminate a contract. We are talking about objective dismissal.
What are the grounds for objective dismissal?
Article 52 of the Workers' Statute provides for the possibility for an undertaking to take the decision to terminating the employment relationship with a worker provided that one of these four conditions is met:
Ineptitude of the worker
When it is known or becomes known to the company after the recruitment, provided that this ineptitude has arisen or has become known after the recruitment. In the event that the company already knew in advance of the ineptitude, this would not be grounds for dismissal.
Lack of adaptation of the worker to technical changes
When technical changes are made in the company and the employee does not adapt to them. In this case, the worker has the right to be offered by the company the possibility of taking a training course to enable it to adapt to these changes and dismissal. cannot be effective until they have after at least two months since the modification, or since the end of the training course.
Due to economic, technical, organisational or production reasons.
When any of these causes prevents the company from continuing to maintain a particular job or jobs and provided that the number of workers affected does not exceed the figure set out in Article 51.1, in which case it would be a collective dismissal, which entails another series of special requirements
Economic causes are justified when the company is in a bad economic situation for three consecutive quarters and it is shown that the level of income is always lower than in the same quarter of the previous year. Technical, organisational and production causes are justified when the company has introduced changes in production, optimising its structure or there are changes in the demand for certain products or services, thus making certain jobs unnecessary.
Due to lack of financial resources
This cause is only applicable to workers with open-ended contracts which have been arranged by non-profit entities financed by public administrations, and
The public sector is not able to continue to maintain the jobs, and there are insufficient financial resources to do so.
Requirements for objective dismissal to be justified
The company, in addition to comply The employee must also comply with a series of requirements in order for the objective dismissal to be justified. Firstly, it must informing the employee in writing of the reason for dismissal and give 15 days' notice, during which time the worker is entitled to 6 hours' paid weekly leave to look for another job and pay the worker the severance pay due to him/her.
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