Labour Lawyers Marbella

We are Marbella Solicitors specializing in Labor Law. Have you been dismissed? Is your company not paying your monthly salary? Is one of your employees causing problems? Is your company in financial trouble and you need to re-structure your personnel?

There are many different cases related to employment law that may affect both employees and employers, which require appropriate legal advice. It is particularly relevant to act fast when there is any problem related to labour law, as the deadlines to take the appropriate legal action are normally rather short. At MT Legal Lawyers Marbella , our expert labour law lawyers will provide you with first-class legal advice about your particular case, including extra judicial legal advice, prejudicial claims, settlement negotiations and labour litigation, as well as claims for salaries and compensation to the “Fondo de Garantía Salarial” (FOGASA).

We provide legal services in the following areas of employment law:

  • Dismissals: drafting and review of dismissal letters, dismissal disputes, etc
  • Disciplinary procedures: drafting and review of notification letters of disciplinary sanctions, disciplinary sanction disputes, etc.
  • Unpaid salary claims
  • FOGASA claims
  • Arbitration and conciliation
  • Drafting, negotiation and review of work contracts
  • Others

Call us at
(+34) 952 778 342

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FAQ About Labour Law

1WHAT IS AN UNFAIR DISMISSAL?

When a dismissal is claimed to be for disciplinary reasons, or for objective reasons, but without complying with the appropriate legal requirements, that dismissal is considered unfair.

In those cases, the employee is entitled to get compensation for the unfair dismissal. The compensation due amounts to 45 days of salary per year effectively worked (for the periods of work up to February 2012) or 33 days of salary per year effectively worked (from February 2012 onwards). If the employer decides to re-employ the worker, then no compensation is due, but the employer will have to pay the salaries due for the period the employee has been unfairly dismissed.

2WHAT IS AN OBJECTIVE DISMISSAL?

The employer is entitled to dismiss an employee when there are economic, organizational, productive or technical reasons, as well as when the employee does not adapt to the required technical modifications.

There are also objective reasons to dismiss an employee when the employee has absences, which although are justified, are intermittent.

The reason for an objective dismissal must be duly proven, with it not being sufficient to make a general or vague reference to the reasons alleged by the employer to justify the objective dismissal.

An objective dismissal entitles the employee to compensation of 20 days of salary per year of effective work.

3WHAT IS A DISCIPLINARY DISMISSAL?

The disciplinary dismissal is based on a serious infringement committed by the employee, which must be duly justified by the employer.

The employee is not entitled to any compensation in the case of disciplinary dismissal.

4WHAT IS A NULL AND VOID DISMISSAL?

When a dismissal is done without complying with the appropriate formalities (i.e. written notice, lack of mention of the alleged cause of dismissal, etc.), and also in certain circumstances (dismissal of a pregnant employee, dismissals during the maternity leave period, etc.), that dismissal is considered null and void.

When the dismissal is considered null and void, the employer must employ the dismissed worker again and pay the salaries due for the period the employee has been illegally dismissed.

5WHAT ITEMS DOES THE “FINIQUITO” INCLUDE?

The “finiquito” is the payment due to the employee on the termination of the work contract for the last period of work (the last month, or the corresponding pro-rata of days), as well as the holiday days not taken by the employee, and the proportional part of extraordinary payments due.

The finiquito can also include compensation due for an objective dismissal, although this can be paid and reflected on a separate document.

6WHAT IS THE DEADLINE TO DISPUTE AN UNFAIR/NULL AND VOID DISMISSAL?
The deadline to claim against an unfair or a null and void dismissal is 20 working days (Monday to Saturday included; Sundays and bank holidays not included).
7WHAT IS THE DEADLINE TO CLAIM UNPAID SALARIES?

The deadline to claim unpaid salaries is one year.

8HOW TO CLAIM?

The first step to take is to submit a conciliation hearing request called “papeleta de conciliación”. This is a compulsory requirement prior to taking legal action through the courts.

If the parties settle at the conciliation hearing, the dispute will be resolved at that stage. In the event the parties do not settle, or the employer does not attend the conciliation hearing, the employee will be entitled to take legal action against the employer.

 
 

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