What legal actions can employees take in response to economic dismissals in Spain?

Question from luci, What legal actions can employees take in response to economic dismissals in Spain?

Answer from AI:

In Spain, employees who have been dismissed for economic reasons have several legal options. These options are governed by the Workers’ Statute and other relevant labor laws. It’s important to note that this information is general in nature and may not apply to all situations. For personalized advice, individuals should consult with a legal professional.

Possible Legal Actions

Employees may consider the following legal actions:

• Unfair Dismissal Claim: If the employees believe that the company did not have valid economic reasons for the dismissals, they can file a claim for unfair dismissal. The company’s decision to increase management salaries and rent a new industrial warehouse, while leaving their own property unused, could potentially be used as evidence against the validity of the economic reasons for dismissal.
• Claim for Severance Pay: If the company has acknowledged the impropriety of the disciplinary dismissal and opted for compensation, employees can claim for severance pay. The amount of severance pay is usually determined by the employee’s length of service and salary.

Procedures Before Filing a Lawsuit

Before filing a lawsuit, employees must typically:

1. Request a certificate of company status from the company or the labor authority.
2. Attempt to resolve the dispute through conciliation. This is a mandatory step before filing a lawsuit in Spain.

Active and Passive Legitimation

In a lawsuit, the active legitimation belongs to the employees, as they are the ones who have suffered the alleged harm. The passive legitimation belongs to the company, as it is the entity accused of causing the harm.

Territorial and Functional Competence

The lawsuit should be filed in the territory where the dismissal took place. The competent court is the Social Court, as it deals with labor disputes.

Possible Accumulation of Dismissal Claims

If several employees have been dismissed for the same reasons, they may be able to accumulate their claims into a single lawsuit. This can save time and resources.

Evaluation of Economic Reasons

The evaluation of the economic reasons for dismissal is a complex issue that requires a detailed analysis of the company’s financial situation. If the company has been suffering losses since 2019, this could potentially justify the dismissals. However, the company’s decision to increase management salaries and rent a new industrial warehouse could be seen as evidence against the validity of the economic reasons for dismissal.

In conclusion, employees who have been dismissed for economic reasons should consult with a legal professional to explore their options. The legal professional can provide personalized advice based on the specific circumstances of the case.