Unfair dismissal

A dismissal is unfair when it occurs without reasons justified by law. It is regulated in article 56 of the Workers' Statute. According to this article, compensation for unfair dismissal is equivalent to thirty-three days of salary per year of service, with periods of time less than one year being prorated by month, up to a maximum of twenty-four monthly payments.

 

Causes of unfair dismissal:

 

· When the businessman has failed to comply with the legal requirements. For example, the dismissal is not delivered in writing with the causes and date or a consultation period is not carried out prior to the collective dismissal or ERE of termination.

 

· That the alleged cause is not proven, not being able to corroborate that this cause is real.