Labor Law: Dismissal Types, Worker Rights & Collective Actions

ITEM 7: Types of Dismissal

Collective Dismissal

Concurrent economic, technical, organizational, or production reasons.

• Companies with fewer than 100 employees: Minimum of 10 dismissals.
• Companies with 100 to 300 employees: Minimum of 10% of the workforce.
• Companies with 300 or more employees: Minimum of 30 dismissals.

Objective Dismissal

• Worker's inability to perform their duties.
• Lack of worker adjustment to job requirements.
• Amortization of jobs.
• Truancy.
• Lack of budget.

Disciplinary Dismissal

• Repeated and unjustified absences or lateness.
• Insubordination or disobedience.
• Verbal or physical abuse towards the employer.
• Violation of contractual good faith.
• Continued decrease in work productivity.
• Habitual drunkenness.
• Harassment based on race or other protected characteristics.

Conciliation

No settlement without a formal agreement.

Social Court

Deadline for filing a claim: 20 days, including the conciliation attempt.

Null Dismissal

A dismissal is considered null when it is based on any discriminatory grounds prohibited by the Constitution or the law.

Appropriate Dismissal

When the employer has proven the alleged causes, the employee is not entitled to compensation.

Inappropriate Dismissal

When the causes alleged by the employer have not been adequately proven. This may result in the reinstatement of the worker or compensation of 45 days per year of service.

ITEM 10: Worker Representation and Collective Actions

Works Council

The collegiate body representing workers in companies or workplaces with 50 or more employees.

Staff Delegates

Delegates are representatives of the employees in companies or establishments with more than 10 and fewer than 50 workers.

Guarantees for Representatives

• Right to a formal hearing.
• Priority to remain in the company.
• Protection against dismissal or punishment for their representative activities.
• Freedom to express their opinions.
• Paid hours per week for representative duties.

Powers of Representatives

• Receive information about developments in the company's economic sector.
• Understand the company's economic situation.
• Perform the general function of monitoring compliance with labor regulations.
• Negotiate collective agreements.

Right of Assembly for Workers

Workers have the right to assemble at the workplace if conditions permit, and outside working hours, unless otherwise agreed upon with the employer.

Strike

A fundamental right in Spain, allowing workers to strike in defense of their interests. There are legal and illegal strikes.

Strike Procedure

• Express agreement to strike by workers, committees, staff representatives, or the most representative unions.
• Written communication to the labor authority and the employer.
• Advance notice of five days, or ten days in the case of public services.
• Strike committee consisting of a maximum of 12 workers elected by their peers.

Effects of a Strike

• Suspension of the employment contract.
• Special high status in Social Security.
• The employer cannot replace striking workers.
• Respect for the freedom to work.
• Ensuring necessary services for the safety of persons.
• Duty of continuous negotiation.

Lockout

A manifestation of a collective labor dispute that involves the temporary closure of the workplace, decided unilaterally by the employer as an instrument of pressure against their workers.

Effects of a Lockout

• Legal Lockout: During the period of a legal lockout, employment contracts are suspended, and workers are not entitled to receive their wages.
• Illegal Lockout: The employer must pay workers the wages they would have earned during the period of the illegal closure.