How can a dismissal be justified?
Justified dismissal or objective dismissal is one of the most common forms of dismissal in practice, although technically known as objective dismissal, normally the company does not use this term when dismissing the worker, but simply the employer says in the letter that the dismissal occurs for some other reason such as non-compliance with hours or economic deficit. Particularly in Spain the dismissal is free, so if the company meets certain requirements it can dismiss the worker without any problem, so you have to take everything into account how much money you get after being dismissed (como calcular una indemnizacion por despido).
In the following text we want to explain in detail the assumptions that allow the company to resort to this type of dismissal, and thus the requirements to be met, otherwise the employee can challenge that decision and that the dismissal is qualified as inappropriate and therefore the compensation or ”settlement” is greater.
According to the law, these are some of the common causes in practice, others are more difficult to find:
BY INEPTITUDE OF THE WORKER
For ineptitude of the worker already known before or supervened after his placement in the company. For example, a maintenance employee who suffers from carpal tunnel, after an examination is considered unfit and is considered (although there may be a lawsuit by the employee as inappropriate) as ineptitude flood. Or in the case of a worker employee who undergoes medical examinations which reveal that although he or she is fit for work, he or she should be kept away from dusty environments. In the absence of a job that involves being in an uncontaminated area, it is automatically considered an objective layoff.
FOR LACK OF ADAPTATION OF THE WORKER TO CHANGES IN HIS JOB
When new operating rules are established for the worker’s area, offering prior training to the worker, after a minimum period of two months has elapsed, if the employee does not comply with the established parameters, taking into account that the employer will pay the payment corresponding to the time worked, it is automatically considered an objective dismissal.
FOR ECONOMIC, ORGANIZATIONAL, TECHNICAL OR PRODUCTION REASONS
It is used when, from the company’s results, a negative economic situation emerges, in cases such as the existence of current or expected losses, or the considerable decrease in its level of income, which obliges the closure of the company or shop, or on the other hand, a decrease in personnel.
FOR ABSENCES FROM WORK, EVEN JUSTIFIED, WHICH ARE INTERMITTENT
This is absenteeism from work, due to absences from work, even when justified but fairly regular, reaching 20% of working days in two consecutive months, provided that the total number of absences from work in the previous twelve months reaches 5% of working days, or 25% in four discontinuous months within a twelve-month period. The following shall not be taken into account (referred to the previous paragraph): occupational accidents, maternity, serious illnesses such as cancer, risk during pregnancy or breastfeeding, paternity or holidays.