On 18 November 2024, the Spanish Supreme Court docket issued a landmark ruling with vital implications for labour and employment relations in Spain.
Beforehand, beneath the Employees’ Statute, employers weren’t required to carry a previous listening to for workers in disciplinary dismissal instances, until the worker was unionized or a authorized consultant of the staff.
Nonetheless, with this new ruling, efficient from November 19, 2024, the Supreme Court docket has up to date its place. Employers are actually obliged to provide workers the chance to reply to the allegations towards them earlier than continuing with a disciplinary dismissal (a “prior listening to”). This resolution relies on the necessity to immediately apply Article 7 of Conference 158 of the Worldwide Labour Group (ILO) of 1982, in power in Spain since 1986.
A failure to adjust to this requirement might result in disciplinary dismissals being declared unfair (“improcedente”) by the courts if challenged by the worker. This might consequence within the employer being ordered to pay probably vital compensation to the dismissed worker (33 days of wage per 12 months labored, with a most restrict of 24 month-to-month funds).
We suggest that every one employers working in Spain evaluate and replace their inner dismissal procedures to make sure compliance with this new authorized requirement.
Ought to you have got any questions, please don’t hesitate to contact us.