Individual Objective Dismissal
In this blog of Mercury Lawyers in Marbella we will focus on the termination of the contract for objective reasons or individual objective dismissal.
This type of dismissal, as well as the disciplinary dismissal, is subject to specific causes of dismissal and specific procedures provided for in Article 52 of the Workers' Statute.
Thus, individual objective dismissal is based on the following grounds:
Subsequent or known ineptitude, unless it was known during the probationary period.
Failure to adapt to technical modifications when more than two months have passed or the training period has ended without adaptation.
Economic, technical, organisational or production reasons, which do not meet the requirements for collective dismissal.
Budgetary insufficiency of funding for non-profit entities for public plans and programmes.
Having broken down the reasons, it is important to remember the effects and forms of termination of such dismissals.
Thus, this form of dismissal requires the following:
a) Written notice
b) At the same time as point a), the compensation must be made available (20 days/year worked; maximum 12 monthly payments). Exception for economic reasons until effective dismissal.
c) 15 days' notice before the effective date of dismissal.
In the next blogs of Mercury Abogados in Marbella we are going to discuss the displinary dismissal and its special features with this type of dismissal, but we will also see what happens when the requirements of the objective or disciplinary dismissal are not met.
We must insist on the importance of seeking legal advice in labour matters and the short deadlines in the matter, which make it necessary for the client to react quickly. Thus, to claim a dismissal at the court, we have only 20 working days from its effectiveness. Therefore, from Mercury Lawyers in Marbella we recommend that you seek legal assistance in the shortest possible time.
Do not hesitate to contact our law firm in Marbella if you have any questions about labour law in Spain or the termination of employment contracts. We are also happy to advise you on any other matter. Our expert lawyers would be pleased to assist you.
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