Is it possible to challenge an objective dismissal?

In the current Spanish legislation there are different modalities of dismissal.

Thomas Osborne
Thomas Osborne
15 August 2022 Monday 00:55
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Is it possible to challenge an objective dismissal?

In the current Spanish legislation there are different modalities of dismissal. One of them is objective dismissal, which is the one in which the company finds reasons included in the law to dismiss an employee, without any breach of contract. Although, yes, this does not exempt her from paying compensation of 20 days per year worked with a maximum of 12 monthly payments.

The causes of this type of dismissal are not usually motivated by poor employee performance. In fact, to resort to objective dismissal, a company can do so for technical, economic, organizational or productive reasons. In any case, for the dismissal to be considered objective, the employer must meet a series of requirements. Otherwise, it could be considered inadmissible.

The quick answer is yes, objective dismissal can be challenged. According to Spanish regulations, the employee has 20 working days to challenge the dismissal from the moment they receive notification of it. In the case of objective dismissals, the workers must receive the announcement with a margin of 15 days before the end of the contract. Thus, from the moment this notification is received, it is possible to challenge the dismissal.

The first step to carry out this challenge is to file what is known as a conciliation ballot to seek an agreement with the company, something that would avoid legal proceedings and save time and money for both parties. However, if the agreement does not occur, you must resort to Justice and file a lawsuit. Once the trial is held, it will be the judge who will specify whether the dismissal is appropriate, inappropriate or null.

The objective dismissal can be challenged as long as the requirements that appear within the Workers' Statute are not met. Among the requirements that the company must meet is the written notification 15 days before the dismissal; a clear justification of the reason for it and pay compensation of 20 days for each year worked up to a maximum of 12 monthly payments.

If any of these requirements are not met, because the letter has arrived with a 12-day margin or the compensation is not correct, the worker will have a margin of 20 days to challenge the dismissal. First through this conciliatory route to seek an agreement with the company and, if not, then resort to ordinary justice to file the aforementioned lawsuit.

For example, if we calculate the compensation and it is not correct, then a conciliation ballot should be filed to try to resolve the conflict with the employer. It is likely that the difference will be recalculated and that amount will be paid correctly and you will not have to go to court. But, in case there is no agreement, then the worker has the hard way of filing a lawsuit.

For the first case, filing a ballot, it would not be necessary, but it is highly recommended. In the aforementioned ballot, it is necessary to detail the points in which the employer has not met the requirements for the dismissal to be objective. In this way, it is recommended that this work be done by a labor specialist.

If an agreement is not reached between the parties and a judicial sentence must be entered, then it will be necessary to have a lawyer to carry out this process and handle the case. Thus, it can be determined that the objective dismissal can be challenged, as long as the employer has not complied with the requirements that appear in the Workers' Statute.