Manage the Process Ethically and Legally with Specialist Dismissal Lawyers
A badly handled dismissal can lead to conflict, lawsuits and penalties that endanger your business. We provide comprehensive, strategic advice to minimise risk, ensuring the whole process is ethical, lawful and transparent.
Dismissals are not only one of the most delicate situations for any company, but also one of the most risky. A poorly managed dismissal can lead to labor conflicts, claims, lawsuits, and economic sanctions that can jeopardize the stability of your business. At Nextica Law & Tax, we understand the impact that a decision like this can have, which is why we offer comprehensive and strategic advice to minimize risks, ensuring that the entire process is conducted ethically, legally, and transparently. Having legal experts to guide you in every step saves you worries and prevents future conflicts.
THE TERMINATION LETTER — THE MOST IMPORTANT DOCUMENT OF THE PROCESS
The disciplinary dismissal letter must include, without exception: the facts attributed to the worker described in a concrete and detailed manner (date, place, what exactly happened), the qualification of those facts as serious and culpable breach of labor obligations, and the effective date of the dismissal. A letter that does not specify the facts or describes them in a generic manner is, in practice, unjustified. The labor court does not accept later improvements or clarifications: the company can only prove in court the facts that are stated in the letter.
Most common error
termination letter stating "for breach of your employment obligations" without specifying which ones, when, and with what consequences. Guaranteed result: unfair dismissal.
Second mistake
firing before documenting. The documentation of breaches (communications, warnings, work reports) must be built during the employment relationship, not retroactively.
TYPES OF TERMINATION IN SPAIN — WHAT YOU NEED TO KNOW
The wrong choice of dismissal type is the most expensive mistake a company can make. Each modality has its own causes, formal requirements, and consequences:
| Type of dismissal | Legal cause | Compensation due | Notice | If declared inadmissible |
|---|---|---|---|---|
| Disciplinary (art. 54 ET) | Serious and culpable breach: absenteeism, indiscipline, offenses, breach of good faith, voluntary decrease in performance | 0 € if it is applicable | Not required | 33 days/year · max. 24 monthly payments |
| Objective (art. 52 ET) | Documented economic, technical, organizational or production causes | 20 days/year · max. 12 monthly payments | 15 days | 33 days/year · max. 24 monthly installments |
| ERE Collective (art. 51 ET) | Economic, technical, organizational or production causes · minimum numerical threshold according to template | 20 days/year · max. 12 monthly payments | 30 days | 33 days/year · max. 24 monthly payments |
| Null (arts. 53.4 and 55.5 ET) | Violation of fundamental rights: pregnancy, motherhood, union position, discrimination | Mandatory reinstatement + processing wages from dismissal to reinstatement | — | — |
Disciplinary (art. 54 ET)
Objective (art. 52 ET)
ERE Collective (art. 51 ET)
Null (arts. 53.4 and 55.5 ET)
What's worth knowing
Avoid penalties and unnecessary costs
Protect your company's reputation
Save time and stress: we handle the whole process
What's included
1. Pre-dismissal legal advice
we analyze the available reasons, seniority, the history of breaches, and the real cost of each option (fair, objective, negotiated resignation).
2. Termination strategy
we jointly decided on the most appropriate modality for each specific case and situation.
3. Preliminary documentation
we build the disciplinary file with the documentation that supports the causes.
4. Drafting the letter
with all the formal requirements and the level of detail that withstands a challenge.
5. Calculation of termination and compensation
accurately, avoiding errors that may lead to subsequent claims.
6. Defense in case of challenge
representation in conciliation before the SMAC and in the social court.
7. Prevention of future conflicts
once the case is resolved, we implement policies and procedures that reduce the risk of new lawsuits.
WHY CHOOSE US AS SPECIALIST DISMISSAL LAWYERS?
We avoid unnecessary penalties and costs
an error in the form or timing of the dismissal can lead to penalties or costly lawsuits. We ensure that everything is in order before taking the step.
We protect your company's reputation
a poorly handled dismissal damages the image both internally and externally. We help you manage it in a professional and respectful manner.
We save time and stress
from drafting the letter to negotiating compensations, we take care of everything so you can focus on growing your business.
FREQUENTLY ASKED QUESTIONS
Protect your business and avoid future problems with a legal team that understands your needs and works to minimize risks.
Frequently asked questions
When is a disciplinary dismissal appropriate?
A disciplinary dismissal is justified when three requirements are met simultaneously: (1) a legal cause provided for in Article 54 of the Workers' Statute, (2) the breach is serious and blameworthy —a single instance of inappropriate behavior or slight negligence is not enough—, and (3) the formal requirements of the dismissal letter are fulfilled. If any of these three elements fails, the dismissal is unjustified.
How much does an unfair dismissal cost?
The compensation for unfair dismissal is 33 days of salary for each year worked, with a maximum of 24 monthly payments (art. 56 ET). In addition to this, severance pay must be included (days worked in the current month, unused vacation, and pro-rated extra pay). If the worker was a trade union representative, they are also entitled to processing wages from the dismissal until the judgment.
What is the deadline for the company to communicate the disciplinary dismissal?
The facts that motivate disciplinary dismissal are subject to a statute of limitations of 60 days from the time the company became aware of them and, in any case, 6 months from when they occurred (art. 60.2 ET). Acting outside of these timeframes may invalidate the dismissal due to the statute of limitations on the infraction, rendering it unjustified even if the facts were objectively serious.
What is pre-trial labor conciliation?
The worker who challenges a dismissal must, before filing the complaint, attempt to reach a settlement with the Mediation, Arbitration, and Conciliation Service (SMAC). This step is prior to the trial and cannot be skipped, except in certain cases. In the mediation, the parties can reach an agreement that avoids the trial. Nextica represents you throughout the process.
What is the difference between individual objective dismissal and ERE?
The individual objective dismissal (art. 52 ET) can be applied when the economic, technical, organizational, or production reasons justify the termination of one or multiple contracts, without reaching the numerical thresholds of art. 51 ET. The ERE requires that the dismissals affect a minimum number of workers (10 in companies with fewer than 100, 10% in companies with 100 to 300, 30 in companies with more than 300) and mandates a consultation period of 30 days.
Can a company offer a mutually agreed leave instead of dismissal?
Yes. The agreed termination (also called termination by mutual consent or voluntary incentivized exit) is an agreement between the company and the employee to terminate the contract under negotiated conditions. It is the preferred option when there is uncertainty about the legitimacy of the dismissal, when the company wants to avoid legal proceedings, or when the employee does not oppose the exit. The agreed compensation is free, but it must be reasonable for the employee to accept it.
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