Our legal team has sufficient experience in labour matters and we are committed to you to defend your rights, analyse the different ways and determine which one is best suited to ensure your interests and find a just solution.

In Spain, there are different types of dismissal that can affect workers. It is important to know them to understand their rights in each case. The following are the main types of dismissal and the rights of workers to each of them:

• Dismissed: is caused by objective causes, such as a business reorganization or a reduction in the workload. In this case, the employer must pay the worker's compensation, which will depend on the reason for the dismissal. The compensation shall be 20 days per year worked on a maximum of 12 monthly basis.

1. Disciplinary dismissal: This kind of dismissal occurs when the worker commits a serious misdemeanor that justifies his dismissal. The causes may be varied, such as non-compliance with labour obligations, lack of unjustified assistance, harassment or discrimination. The worker is not entitled to compensation unless he or she claims the company and the judge declares the dismissal to be inappropriate.
2. Target dismissal: The objective dismissal occurs when the company needs to reduce staff for economic, technical, organizational or production reasons. In this case, the worker is entitled to compensation for dismissal, which will depend on the worker's age in the company, and will generally be 20 days per year worked on a maximum of 12 monthly rates. If the company fails to properly establish the grounds for dismissal, the worker may claim compensation for improper dismissal.

• Unappropriate dismissal: is the one who does not conform to the legality. This may be because the employer has not adequately justified the dismissal or the procedure has not been conducted correctly. In this case, the worker may choose between readmission to his or her job or the recovery of compensation. If the worker chooses readmission, the employer must pay the corresponding wages from the time of dismissal until the date of readmission. If the worker chooses compensation, the compensation shall be 33 days per year worked for a maximum of 24 months.
• Nil dismissal: is considered discriminatory or contrary to the law. For example, if a worker is dismissed for his or her sexual orientation, religion or gender, for exercising his or her labour rights, or for being in a situation of pregnancy, lactation or child care.

If a dismissal is declared null and void, the worker must be admitted to his or her job immediately and with the payment of the wages he or she has not received from the time of dismissal.

In any case, the worker has the right to challenge the dismissal if he considers that it has occurred in an unfair or illegal manner. To that end, he must file an application with the Social Court within 20 working days of notification of dismissal.