What is the Employment Redundancy Process and Suggested Timelines for Termination in Spain?

Question from Options, What is the Employment Redundancy Process and Suggested Timelines for Termination in Spain?

Answer from AI:

In Spain, the employment redundancy process, also known as “despido objetivo” or objective dismissal, is regulated by the Workers’ Statute (Estatuto de los Trabajadores). This process involves several steps and timelines that employers must follow to ensure the termination is legal and fair.

Step 1: Grounds for Redundancy

The first step in the redundancy process is to establish the grounds for redundancy. According to Article 52 of the Workers’ Statute, redundancy can be based on economic, technical, organizational, or production-related reasons.

Step 2: Notice of Redundancy

Once the grounds for redundancy have been established, the employer must provide the employee with a written notice of redundancy. This notice must be given at least 30 days before the termination date. The notice should include the reasons for the redundancy and the date of termination.

Step 3: Severance Pay

Upon termination, the employee is entitled to a severance pay of 20 days’ salary per year of service, with a maximum of 12 monthly payments. The employer must make this payment at the time of dismissal.

Step 4: Legal Advice

It’s recommended that both employers and employees seek legal advice during the redundancy process. A legal professional can provide personalized advice and ensure that all legal requirements are met.

Suggested Timelines

While the law requires a minimum notice period of 30 days, it’s suggested that employers start the redundancy process as early as possible. This allows ample time for consultation with legal professionals, preparation of the redundancy notice, and calculation of severance pay.

Please note: This information is a general guideline and does not constitute legal advice. Laws and regulations may change, and individual circumstances can vary. Therefore, it’s recommended to consult with a legal professional for personalized advice.

For more information, you can refer to the Workers’ Statute and the Spanish Public Employment Service.