Disciplinary Dismissal

In this blog of Mercury Lawyers in Marbella we will focus on the termination of the employment contract due to serious and culpable breach by the employee: disciplinary dismissal. This type of dismissal, as well as the objective dismissal, is subject to certain causes of dismissal and specific procedures provided for in Article 54 of the Workers' Statute (hereinafter, ET).

Thus, disciplinary dismissal is based on the following grounds:

Repeated and unjustified lack of attendance or punctuality to work.

Indiscipline or disobedience at work.

Verbal or physical offences against the employer or persons working in the company or family members living with them.

Breach of contractual good faith or breach of trust in the performance of work.

Habitual drunkenness or drug addiction if it has a negative impact on work.

Harassment on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation and sexual or gender-based harassment of the employer or persons working in the company.

Having broken down the reasons, it is important to remember the effects and forms of termination of such dismissals as set out in article 55 of the ET. Thus, this form of dismissal must be made by written notice, detailing in detail the facts and the effective date of dismissal. Collective agreements may establish additional requirements.

When the above requirements are not met, another dismissal may be made within 20 days of the previous one, with payment for the days that have elapsed between one and the other, and the worker must be kept registered with the Social Security.

It is important to note that, unlike the objective dismissal, this type of dismissal does not carry a compesation and does not require any prenotice.

In the next blogs of Mercury Lawyers in Marbella we will be analysing the unfair and null dismissal of the objective and disciplinary dismissal.

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.