This means termination of the employment relationship between company and
employee for any of the following causes:
- Mutual agreement between the parties
- Causes set down validly in the contract
- Expiry of the time agreed or completion of the work or service covered by the
contract
- Resignation of the worker
- Death, serious invalidity or permanent, total or absolute invalidity of the
worker
- Retirement of the worker
- Death, retirement or invalidity of the contractor or the end of their legal
personality
- Force majeure
- Collective dismissal based on economic, technical, organisational or
production grounds
- Will of the worker on justified grounds
- Dismissal on disciplinary ground
- Legally admissible objective causes
At the end of the contract, on notifying employees accordingly or, where
applicable, giving notice of its end, the employer must provide a draft of the
document setting out payment of the amounts owed.
The employee may ask to be accompanied by their legal representative when
signing the final discharge, recording on it the fact that his signature was
witnessed by the workers' legal representative, or that the employee did not
make use of that option. If the employer prevents the representative from
attending at the time of signature, the employee may record this on the receipt
itself for all due purposes.
Action in the Event of Dismissal
An employee whose employment relationship has been terminated unilaterally by
the employer and who does not agree with this decision should proceed as
follows:
Conciliation Decision
This is a prerequisite for having any procedure for dismissal brought before
the Social Court. A conciliation slip is submitted within 20 working days
(excluding Sundays and public holidays) of the time of the dismissal before the
Mediation, Arbitration and Conciliation Committee of the Autonomous Community to
which this matter is transferred, except Ceuta and Melilla. Procedures that
require a prior administrative claim are derogated from this requirement.
Once the conciliation slip has been submitted, the Employment Authority calls
upon the parties, which may be:
- An agreement: The parties must accept what has been agreed (reinstatement in the
job or compensation, including wages during the proceedings).
- Lack of agreement: The worker must submit a claim to the Social Court within 20
days, when the days between the dismissal and submission of the conciliation
slip have elapsed.
- Execution: What is agreed by conciliation will be enforceable between the
parties without the need for ratification before the Court or Tribunal, and may
be carried out through enforcement proceedings.
Claim Before the Social Court
When the decision on conciliation without agreement has been signed or
attempted, the worker must lodge the corresponding application to the Social
Court within 20 working days of the time of dismissal (counting the days from
the date of dismissal to the submission of the conciliation slip, renewing the
period for lodging the claim until the conciliation decision).
The worker may make a claim to the Social Court independently or represented
by a lawyer, legal representative, employment consultant or trade union, as
applicable. The competent court will generally be the court where the services
are provided or where the respondent lives, at the choice of the appellant.
Text last edited on: 06/2005
Source: European Union
© European Communities
Reproduction is authorised.
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