How to report an unfair dismissal

When a worker is dismissed by the employer, without alleging objective reasons or justified collective dismissal, or the employee understands that the causes put forward by the employer are not applicable, the law allows to begin with a judicial procedure that concludes with the worker's reinstatement to his job, with all the conditions prior to dismissal. In .com we reveal how to report an unfair dismissal .

When we are facing an unfair dismissal

The answer to this question is very simple, when there are no justified reasons that motivate the dismissal of the worker. The labor legislation and the Statute of Workers establish a series of causes that allow the employer to terminate the contract with the worker.

Among those causes that would motivate an objective dismissal, are some serious and very serious faults or the repeated absence and without justification of the job; economic, technical or organizational causes that may be demonstrable; a clear and prolonged decrease in production or even force majeure, such as the death of the employer or the closure of the business.

Therefore, if an objective and justified cause for the termination of the employment relationship is not given, we will face an unfair dismissal, even if it does not meet all the legal requirements to communicate the dismissal or defects occur. in favor of the employee.

What is the procedure to report unfair dismissal

Before taking action before the Social Court, the dismissed worker has 20 working days to request Conciliation Act . It must be done before the Center for Mediation, Conciliation and Arbitration of the Autonomous Community (CMAC) and can be done through a lawyer.

Once the application for conciliation has been filed, the period is interrupted and continues as of the conclusion of the Conciliation Act and if it is necessary to file a claim for dismissal before the Labor Court.

What happens after the Conciliation Act

In case both parties reach an agreement, it will be carried out. The company usually has the right to reinstatement or compensation. If the dismissal is null, the worker must be readmitted.

Apart from this fact, it is also possible to include the accrual of processing salaries, those that were not received by the worker during the time of his dismissal.

If, on the other hand, an agreement is not reached or the company does not attend the appointment, the worker must file a claim for unfair dismissal, before the Social Court, before the expiration of 20 working days.