Dismissal Lawyer in Oviedo, Ribadesella and Llanes
Dismissal Lawyer in Oviedo, Ribadesella and Llanes
The labour market in Spain has reached a record number of layoffs in 2023, with 476,220 departures registered by the Social Security until June, 39.9% more than in the same period of 2022 and the maximum since 2013. In June alone, 90,928 dismissals were recorded, equivalent to 4,013 for each of the 22 working days of the month.
Our Arias de Velasco law firm are employment lawyers specialising in dismissals, dedicated to protecting workers' rights and offering comprehensive legal advice on dismissals and other cases such as accidents at work, disability or harassment at work. Our mission is to provide you with the necessary information and support to face any employment situation in Oviedo and Ribadesella, with confidence and security.
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Labour lawyers dismissals in Oviedo and Asturias
Dismissal is one of the most sensitive and conflictive decisions in the labour field. In Spain, dismissals are mainly regulated by the Workers' Statute and other labour regulations.
We must be fully aware of our rights and the types of dismissals we have in our legal system.
Being represented by a dismissal lawyer such as Antonio Arias de Velasco, in a context of job loss, we will have very clear and explained the types of dismissals that we have in Spain, and which of them corresponds to us.
Disciplinary dismissal
Disciplinary dismissal occurs when the employee engages in serious and culpable conduct that warrants immediate dismissal. The most common causes include:
- Repeated and unjustified absences in attendance or punctuality.
- Indiscipline or disobedience at work.
- Verbal or physical offences against the employer or persons working in the company.
- Breach of contractual good faith.
- Continuous and voluntary decrease in normal or agreed work performance.
- Habitual drunkenness or drug addiction if it has a negative impact on work.
This type of dismissal does not give the right to compensation, although the worker can challenge it if he/she considers that there is no justified cause. Here the professional advice of the dismissal lawyer, whether in Oviedo, Llanes or Ribadesella, must be taken into account in order to proceed in one way or another.
Objective dismissal
Objective dismissal is based on specific grounds that justify the termination of the contract. These causes include:
- Inaptitude of the worker known or acquired after his or her actual placement in the company.
- Lack of adaptation of the worker to the technical modifications made to his job.
- Redundancy of jobs for economic, technical, organisational or production reasons.
- Absence from work, even if excused but intermittent, amounting to 20% of the working days in two consecutive months or 25% in four discontinuous months.
In these cases, the worker is entitled to a compensation of 20 days' salary per year worked, with a maximum of 12 monthly payments.
Collective redundancy
Collective redundancies occur when a company, for economic, technical, organisational or production reasons, decides to terminate the contracts of a significant number of workers. This type of dismissal is regulated by article 51 of the Workers' Statute and requires a specific procedure, including consultation with workers' representatives and notification to the labour authority.
During the pandemic, in our law firm Arias de Velasco, as labour dismissal lawyers in Oviedo, Ribadesella and Llanes, we represented several groups of workers who had suffered a collective dismissal. The good legal work obtained beneficial conditions for our clients, and the relocation of many of them to other jobs.
Unfair dismissal
A dismissal is considered unfair when the legal requirements for its justification are not met or the proper procedure is not followed.
In these cases, the worker can opt for reinstatement in his or her job or to receive compensation of 33 days' salary per year worked, with a maximum of 24 monthly payments, if the contract was signed after the 2012 labour reform.
For previous contracts, the compensation is 45 days per year worked with a maximum of 42 monthly payments.
With the help of an experienced redundancy lawyer such as Antonio Arias de VelascoBy analysing the case and the context, we will be able to steer the process correctly and seek the most advantageous and fair resolution for our client.
Invalid dismissal
A null dismissal is one that is carried out in violation of the worker's fundamental rights, such as discriminatory dismissals on grounds of sex, race, religion, opinion, trade union membership, among others, or during maternity/paternity leave. In these cases, the worker must be reinstated immediately and receive the wages lost from the time of dismissal until reinstatement.
Our services as employment lawyers dismissals
At Arias de Velasco we offer a wide range of services to advise and defend you in cases of dismissal, including:
- Personalised legal advice in person or online.
- Legal representation in court proceedings.
- Negotiation of compensation and out-of-court settlements.
- Defence against disciplinary, objective, collective, unfair and null and void dismissals.
Contact with us in Oviedo, Ribadesella and Llanes
If you have been made redundant or fear that you may be at risk of redundancy, do not hesitate to contact us. Our team of employment dismissal lawyers in Oviedo, Ribadesella and Llanes, experts in employment matters, is here to help you.
Madrid | Calle Treviño, 7, 2-izq, 28003
Oviedo : Calle Marqués de Pidal ,7, 1-izq, 33004
We are also located at Calle Falua 75, 33347, Ribadesella, Asturias.
