How to act before a job dismissal

Facing a dismissal in a company is always a complicated situation and sometimes difficult to manage. But we must know well all our rights and legal possibilities, since sometimes there may be defects of substance or form that cause us to receive a greater compensation or even be readmitted. In .com we tell you how to act before a job dismissal .

Collect the notification

The first step is to collect the notice of dismissal by the company, which indicates from what day it becomes effective, and therefore begins to count the term, 20 working days, we have to appeal. Not requesting this notification if the company does not provide it first is usually, due to ignorance, a frequent error on the part of many dismissed workers.

The type of dismissal must also be specified in this document: inappropriate, disciplinary or for objective reasons. In addition, you have to look carefully at the settlement document, that is, the settlement, to check if apart from the days that have been worked of the month the proportional parts of the extra pay and the vacations are included.

If the dismissal is verbal and the worker is denied access to the job, the company can be sued if the worker considers it unjustified.

Types of compensation

For unfair dismissal correspond 33 days per year with a maximum of 24 months, as if it is a cessation by the worker's will or by a delay or non-payment of wages. On the other hand if the dismissal is for objective reasons, or for an ERE (for economic, organizational, technical reasons, etc.) it decreases to 20 days per year with a maximum of 12 monthly payments.

The settlement must be declared fiscally in the IRPF, because it is part of the salary, but not the same with compensation for dismissal, which is exempt, provided it does not exceed the legal limit set for each compensation.

Conciliation and demand actions

Whenever the worker interprets the dismissal as unjustified, he can initiate conciliation proceedings with the company. To do this, it has 20 working days, from the day of dismissal, to file a conciliation or mediation request before a mediation unit that depends on the competent labor authority in each Autonomous Community.

When the conciliation request is submitted, the expiration periods are suspended. On the other hand, the calculation of the same is resumed the day after the conciliation was attempted, or after 15 days from its presentation without it having been celebrated. In any case, after 30 days without the conciliation act having been celebrated, the procedure will be considered completed and the procedure completed.

If after the act of conciliation there is no agreement between the parties, the worker can take his claim through the Social Courts, in the days that remain until the deadline of 20, which resumes after the resolution of the labor authority in this act.

Judgment

The court can determine that the dismissal is null, inadmissible or appropriate.

It will be null if it discriminates against the plaintiff with any of the causes indicated in the Constitution or in the law, or fundamental freedoms and public liberties of the worker are violated.

It will be considered inadmissible when it is not possible to prove the breach alleged by the company to carry out the dismissal or if the necessary legal requirements have not been met.

For its part, it will be appropriate if the judge considers that the employer has acted in justified and proven cases, giving the reason in this case.

• Although everything seems clear and justified, it is never unnecessary to go with the dismissal letter in search of legal advice. Sometimes you can opt for a greater compensation or even be readmitted, if there are deficiencies of substance or form.