Unfair dismissal and null dismissal

When the dismissal is declared unfair, the employer, within 5 days from the notification of the court sentence, may choose between the payment of compensation or the reinstatement of the worker.

The aforementioned compensation will consist of 33 days per year worked, with a maximum of 24 monthly payments.

And if it opts for reinstatement, it must pay the processing wages, this means the salary lost since the dismissal until the notification of the judgement.

In the event that the employer does not opt for one or the other, it is understood that he chooses reinstatement.

The effect of null dismissal is the immediate reinstatement of the worker, with payment of all the salary lost since the dismissal until the notification of the judgement.

Without prejudice to the above, when the dismissal is not declared unfair or null and void, either because the requirements and formalities have been observed, fundamental rights have not been violated, and the dismissal was not based on grounds of discrimination, then the dismissal may be declared fair. This would validate the dismissal, with all the effects of objective or disciplinary dismissal respectively.