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Labor law
We defend your rights against dismissals or non-payment of wages
What are the types of layoffs and how do they affect you?
In Spain, there are several types of dismissal that are regulated by labor law. Some of the most common types of dismissal are:
Disciplinary dismissal
This type of dismissal occurs when an employer decides to terminate the employment contract of an employee due to a serious and culpable breach of their labor obligations, such as breach of company rules, negligence at work, theft , violence in the workplace or other similar conduct. For a disciplinary dismissal to be valid, the employer must follow an established legal procedure and demonstrate that there are justified and proportionate causes for the dismissal.
Target dismissal
This type of dismissal occurs when an employer decides to terminate the employment contract of an employee for objective reasons that are established in labor law, such as economic, technical, organizational, or production reasons. The employer must follow a specific procedure and provide compensation to the employee in the event of an objective dismissal.
Collective dismissal
This type of dismissal occurs when an employer decides to terminate the employment contracts of several employees in the same period of time and for the same reasons, such as economic, technical, organizational or production reasons, which affect a certain Number of employees. The employer must follow a specific legal procedure that includes consulting with workers’ representatives and providing compensation to affected employees.
Dismissal for reasons not attributable to the worker
This type of dismissal occurs when the employer decides to terminate the employment contract of an employee due to causes beyond the control of the employee and that are not attributable to their conduct or work performance, such as force majeure, fire, flood or other similar circumstances. The employer must follow an established legal procedure and provide compensation to the employee in case of dismissal for reasons not attributable to the worker.
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What are the indemnities and how do they apply?
In Spain, severance pay depends on the type of dismissal and the employee’s seniority in the company. These are the most common indemnities:
Unfair dismissal
In the event of unfair dismissal, the employee is entitled to compensation that varies depending on the start date of the employment contract:
• For contracts signed before February 12, 2012: 45 days of salary per year of service until February 12, 2012, and 33 days of salary per year of service after February 12, 2012. February 2012, with a maximum limit of 720 days of salary.
• For contracts signed after February 12, 2012: 33 days of salary per year of service, with a maximum limit of 24 monthly payments.
Disciplinary dismissal
In case of disciplinary dismissal, the employee is not entitled to compensation, since it is considered that he has incurred in a serious and culpable breach of his labor obligations.
Dismissal for economic, technical, organizational or production reasons
In this last case of objective dismissal, the employee is entitled to compensation of 20 days of salary per year of service, with a maximum limit of 12 monthly payments.
How to claim unpaid wages?
Written communication
The first step is to notify the employer in writing of the claim for unpaid wages. This can be done through a letter or email, specifying the details of the default, including the dates and amounts owed.
Gather Evidence
It is important to gather evidence to support the claim for unpaid wages, such as employment contracts, payslips, records of hours worked, communications with the employer, among other documents that prove the existence of the debt.
Conciliation
In many cases, conciliation or mediation can be attempted with the employer through the Mediation, Arbitration and Conciliation Service (SMAC) or in the mediation unit of the corresponding regional administration. During the conciliation, an agreement will be sought between the parties to resolve the non-payment of wages.
Present a lawsuit before the Labor Court
If conciliation is not successful or is not considered a viable option, a lawsuit can be filed before the Labor Court to claim the unpaid wages. It is necessary to have adequate legal advice and file the claim within the period established by law.
Labor trial
In case of filing a lawsuit, a labor trial will be held where both parties will have the opportunity to present evidence and arguments in defense of their interests. The judge will issue a sentence that will establish whether there is a wage debt and, if so, will order the payment of unpaid wages, along with interest and legal costs.
Sentence execution
If the sentence is favorable to the employee and the employer does not comply with it, the sentence can be executed through the corresponding legal mechanisms, such as embargoes of bank accounts or assets of the employer, to ensure collection of unpaid wages.
FAQs
Layoffs and claims for unpaid wages
How many days per year did you work due to dismissal?
After the labor reform of 2012, according to Royal Decree Law 3/2012, of February 10, on urgent measures for the reform of the labor market, compensation for unfair dismissal amounts to 33 days of salary per year of work , up to a maximum of 24 monthly payments.
What type of dismissal does not have the right to unemployment?
The voluntary leave of the worker.
How does a dismissal have to be to collect unemployment?
Whenever it is a dismissal, you will have the right to collect the unemployment benefit (unemployment). There are different types of dismissal to collect unemployment, including unfair, disciplinary, etc.
How long do I have to claim arrears?
The term to claim the amounts owed by the employer and/or contracting company is one year. Any claim after said period is prescribed.
How to claim an unpaid salary?
First of all, it is recommended to make a claim to the company’s human resources department, if no response is obtained, the next step is to file the claim by means of the conciliation slip before the competent conciliation service.</ p>
How is interest for salary arrears calculated?
The interest for salary arrears is ten percent, it is calculated by adding said percentage to the amount owed by the employer and/or company. The interest for late payment is imposed by judicial decree issued by the competent Court.
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