Working life has its lights and shadows.
After the arrival of the economic crisis along with health, there are many companies that, for different reasons, are drastically reducing their workforce. And you may have found yourself among the group of people laid off.
Now, not all layoffs are justified, nor are all the ways of doing it correctly.
If you want to continue developing your career successfully, you must be prepared for the good moments and the more complicated ones, such as unfair dismissal.
You can also find information regarding the appropriate dismissal.
In this guide you will see:
- When it is an unfair dismissal.
- What is the compensation for unfair dismissal?
- Steps to report an unfair dismissal.
When a dismissal is unfair
First, let’s define what unfair dismissal is:
Unfair dismissal is the decision by part of a company to terminate the employment relationship between it and the worker, without having justified causes or without the requisites sites required by law. This dismissal can be declared by a judge, or recognized by the company itself during the negotiation.
Having this clear, the question is obvious: what are the unjustifiable causes, and which are the legal requirements? If you find that you have been fired from your job, these would be reasons why your dismissal could be unfair:
- When the company does not meet the formal requirements:
- Written communication.
- Reasons for which the worker is dismissed, either for disciplinary dismissal or for objective dismissal.
- The date on which the dismissal becomes effective (not necessarily the same date you receive the letter).
- When the dismissal does not meet the material requirements:
- In the case of an objective dismissal, the employer must be able to demonstrate the ineptitude of the worker, his lack of adaptation, or the technical causes organizational or related to production.
- In the case of disciplinary dismissal, the employer must demonstrate one of the following cases:
- Repeated absences or punctuality and unjustified.
- Indiscipline or disobedience.
- Verbal or physical attacks on the employer or other people.
- Violating contractual good faith or breach of trust in the work.
- Intentional and continued decrease in work performance.
- Drug addiction or drunkenness that adversely affects performance.
- Racial, religious, sex, or gender discrimination any other type, both to the employer and any other person in the work environment.
- For reasons established in the Conve Collective child of your professional sector or company.
If the company does not perform all the formal steps and does not show demonstrable reasons, the dismissal will be classified as inadmissible. If you have been fired for any reason related to the Collective Agreement of which you are a part, search the internet for the document and analyze it thoroughly to find out if you have really breached any section.
Perform A complaint about unfair dismissal is something that can take you some time to get compensation … And time is money. Let’s see how much you would be entitled to.
What is the compensation for unfair dismissal?
If you have come this far it is because you are sure that your dismissal has been unfair and you want to know what compensation you are entitled to.
If the unfair dismissal has been declared, your compensation will correspond to 33 days of salary per year worked, up to a maximum of 24 monthly payments to be collected. If your employment relationship was less than one year, the compensation will be prorated to adjust it to the number of months in which you were working.
If your contract was before February 12, 2012, your compensation would be the sum of 33 days per year worked after this date (up to 24 months), together with compensation of 45 days per year worked, up to a maximum of 42 months.
Then, to calculate your compensation for unfair dismissal, you must follow the following steps:
- Make the sum of your gross salary (before taxes) during the last 12 months, plus the two extra payments, in case you do not have them prorated.
- We divide the total for the last year by 12 to find the equivalent of the monthly remuneration.
- We divide this monthly average by 30 to find the equivalent to the daily salary.
- Calculate the corresponding compensation (number of days compensable s x daily salary).
ProTip: With only having worked the first day of a month, you must compute it as a whole. For example, if you worked from July 15, 2018, to July 1, 2020, this would be a total of 2 years and a month worked, including the entire month of July 2020.
Steps to report an unfair dismissal
To make a complaint about unfair dismissal, you must follow the following steps:
- Request a conciliation ballot at the conciliation and arbitration mediation center of your autonomous community. (You have a period of 20 days from the notification of the dismissal).
- Meet with the labor authority and with the employer to try to reach an agreement. You will have two options:
- Compensation.
- Re-admission to the position.
- If an agreement is not reached, or that the employer does not attend the meeting, file a claim in the social court (within 20 days from the notification of dismissal).
- After the trial, if the judge agrees, it will be the employer who will have to decide whether he wants to pay you compensation or reinstate you to your position.
If the employer decides to reinstate you in your position, he will have to pay you the processing salaries. That is, all unpaid wages since you received the notice of dismissal until it was declared as inadmissible.
ProTip: after having Once the unfair dismissal has been confirmed, you will be in a legal situation of unemployment and, therefore, you will also have the right to collect unemployment. To do this, you must deliver the order in which the employer states that he decided to opt for compensation instead of reinstatement.
I hope you get the compensation that corresponds to you.
Work-life sometimes puts us in uncomfortable situations. But sooner or later, you will get the position in which you feel valued and have the necessary stability. Once the case is closed, it will be time to look for a job again and take another step in your career.