As we have said in the previous articles related to the types of dismissal, two classifications of layoffs are established: One is based on the cause that motivates them, And another is the legal qualification made by the judge of the same.
Differences between different types of dismissal
Disciplinary dismissal
In the event that the dismissal is disciplinary and the judge catalogs it as appropriate, The employment relationship will be extinguished without the worker being entitled to compensation.
Dismissal for objective causes
In the event that dismissal has occurred due to objective causes and is categorized as appropriate, The worker can benefit from the compensation of twenty days per year of service, With a maximum of twelve monthly payments.
Improper dismissal
The inadmissible dismissal is one that has not followed the appropriate procedure or that does not have objective causes. The catalog of inadmissible by the judge entails one of these consequences, at the election of the company:
- Compensation: whose amount depends on the antiquity of the worker and his remuneration.
- Readmission: of the worker in his usual position, also perceiving the payment of the salaries that it has ceased to receive since the dismissal occurs until it is reinstated in the company.
Null dismissal
Finally, It may also be the case that the judge declares dismissal as null, which is one that does not have objective cause, but that a specially protected worker has been made.
Discriminatory dismissals will be declared void by any behavior prohibited by the Spanish Constitution or when fundamental rights of the worker are violated. Also those that occur in any of these circumstances:
- Dismissal of workers during maternity leave, Risks in pregnancy, lactation, Diseases derived from pregnancy, or in assumptions of adoption, fosterness or fatherhood.
- Dismissal of any pregnant worker since the start of pregnancy.
- Dismissal of a worker who has requested or enjoying breastfeeding permits, Birth of a premature child, legal guard, o Serious diseases that require hospitalization or continued treatment.
- Dismissal of a worker who has requested or enjoying an leave to serve children or sick relatives.
- Dismissal that affects victims of gender violence.
- Dismissal of workers after reincorporating their usual position after maternity periods, paternity, adoption or foster care.
The consequence of the zero dismissal is the obligation of the company to return to the worker and pay the processing salaries.
Conclusion
In conclusion, The layoffs can be classified differently by the judge, And it is important to attend to this classification, since it will mean the difference in the consequences that derive from the same. In Vázquez and Manchón Podemos Advise on Labor Law about the different types of dismissal so you can face them with all legal guarantees.
