What is Objective Dismissal in Spain?

Question from ALV, What is Objective Dismissal in Spain?

Answer from AI:

Objective dismissal in Spain refers to the termination of an employment contract by the employer for specific, legally recognized reasons. This type of dismissal is regulated by the Spanish Workers’ Statute (Estatuto de los Trabajadores) and must meet certain criteria to be considered lawful.

Legal Grounds for Objective Dismissal

Objective dismissal can occur for several reasons, which are outlined in Article 52 of the Workers’ Statute. These reasons include:

• Economic, Technical, Organizational, or Production Reasons: The company may need to reduce staff due to financial difficulties, technological changes, or organizational restructuring.
• Inability to Perform Job Duties: If an employee is unable to perform their job duties due to a lack of skills or qualifications, they may be dismissed.
• Absenteeism: Excessive and unjustified absenteeism, even if intermittent, can be grounds for dismissal.
• Adaptation to Technological Changes: If an employee cannot adapt to technological changes after receiving adequate training, they may be dismissed.

Procedure for Objective Dismissal

To lawfully carry out an objective dismissal, the employer must follow a specific procedure:

1. Written Notice: The employer must provide the employee with a written notice explaining the reasons for the dismissal.
2. Notice Period: The employee is entitled to a 15-day notice period, during which they can continue working or be paid in lieu of notice.
3. Severance Pay: The employee is entitled to severance pay equivalent to 20 days’ salary per year of service, up to a maximum of 12 months’ salary.
4. Consultation Period: In cases involving collective dismissals, a consultation period with employee representatives is required.

Challenging an Objective Dismissal

If an employee believes their dismissal was unjustified or did not follow the proper procedure, they can challenge it in court. The process typically involves:

• Filing a Claim: The employee must file a claim with the labor court within 20 working days of receiving the dismissal notice.
• Mediation: Before going to court, the parties may be required to attempt mediation to resolve the dispute.
• Court Hearing: If mediation fails, the case will proceed to a court hearing where a judge will determine the legality of the dismissal.

Legal Advice and Resources

Given the complexity of employment law and the potential consequences of an objective dismissal, it is advisable to seek legal advice. A legal professional can provide personalized guidance based on the specific circumstances of the case.

For more information, you can refer to the [Spanish Workers’ Statute](https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430) and other relevant legal texts. Additionally, the [Ministry of Labor and Social Economy](https://www.mites.gob.es/) offers resources and information on employment rights and procedures.

Remember, this information is intended to provide a general understanding of objective dismissal in Spain. For personalized legal advice, always consult with a qualified legal professional.