Different dismissals when you are on a permanent contract
economic dismissal
A redundancy is pronounced when the company encounters economic difficulties that make it impossible to maintain employment. Staff representatives are consulted during mandatory meetings.
The employee is subject to specific measures during economic dismissal. In addition to his allowances, he will benefit from different training and job search aids depending on the size of the company.
Dismissal for personal reasons
The employee may be dismissed for personal reasons. The employer must prove that due to a specific conduct, continued employment is impossible.
dismissal for misconduct
The employee may be dismissed for misconduct when facts attributable to his action and harmful to the company have been observed.
The fault can be simple, serious or serious depending on whether the explicit intention to harm the company has been demonstrated. In the case of a simple fault, the employee is entitled to severance pay but this is not the case for a gross or serious fault.
For serious misconduct, the employee does not complete his notice period and may be subject to a temporary layoff without salary maintenance. This dismissal is automatic in the event of a gross fault.
Procedures to follow for the dismissal of an employee on a permanent contract
During a dismissal, the employer must summon the employee by registered letter with acknowledgment of receipt to an interview prior to the dismissal.
During this interview, the employee has the possibility of being assisted by a staff representative or by a person of his choice from the list provided by the Regional Department for Business, Competition, Consumer Affairs, Labor and employment (Direccte). During the interview, the employee is presented with the reasons for the dismissal.
Following the interview and following a minimum delay, the employee receives the dismissal letter which sets out the reasons for the dismissal and the employee’s training rights.
Professionals at your service:
- Labor law lawyer
- Referent to the industrial tribunal