Trabajadores en audiencia por despido

Hearing prior to the employee in case of dismissal

As a result of the STS of November 18, 2024, companies are obliged to offer a hearing prior to dismissal. In this sense, this prior formality is imposed on companies. The first formality is that the employee is notified in writing. Regarding deadlines, nothing is stated in the case law, but a reasonable period of 24 to 48 hours can be applied so that the employee can respond to this notification and can present the appropriate allegations…

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Hombre es víctima de un despido improcedente en su trabajo

Limitation of compensation for unfair dismissal provided for in the workers’ statute

The Supreme Court refuses to extend the compensation for unfair dismissal set forth in Article 56.1 of our Workers' Statute: "When the dismissal is declared unfair, the employer, within five days of notification of the judgment, may choose between reinstatement of the employee or payment of compensation equivalent to thirty-three days' salary per year of service, prorated by months for periods of time of less than one year, up to a maximum of twenty-four monthly payments. The option for the…

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Trabajador siendo despedido injustamente

Unjustified dismissals: how to defend yourself and claim your rights

What is a dismissal? It is the manifest will of the employer to terminate the employment relationship, either due to a breach by the employee or for objective reasons of the company or the employee himself. Why do we say that a dismissal is unfair? The dismissal carried out by the company must always be in accordance with the labor regulations in force, that is to say, in accordance with the provisions of the labor law: Collective Bargaining Agreement…

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Hombre siendo despedido por haber pedido una reducción de jornada

What happens if I request a reduction of my working hours and the company fires me?

After coming into force on August 22, 2024, the new parity law has implied changes in certain articles of the Workers' Statute. The modified articles are those that regulate the form and effects of the termination of the employment relationship for objective causes, as well as those related to the form and effects of the termination of disciplinary dismissal. When comparing both versions of the referenced articles, the objective nullity of the termination of the contract for objective causes or…

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