Employment Law Advisory

Severance pay for unfair dismissal is 33 days' salary per year worked (up to a maximum of 24 months' pay) for contracts signed after 12 February 2012. For the part of the contract prior to that date, the calculation is 45 days per year worked, up to a maximum of 42 months' pay. At Gestoría Gala we calculate the exact compensation you're entitled to.

You have 20 working days from the date of dismissal to challenge it. It's a very short deadline, so it's essential to act quickly. Before going to court, you must attempt prior conciliation before the SMAC, which suspends the deadline. Call us as soon as you're notified of the dismissal.

A disciplinary dismissal is based on a serious breach by the employee (persistent lateness, insubordination, harassment, etc.) and, in principle, carries no compensation if ruled fair. An objective dismissal is based on economic, technical, organisational or production-related causes at the company, and always carries compensation of 20 days' salary per year worked (up to a maximum of 12 months' pay).

Contributory unemployment benefit is 70% of the regulatory base for the first 180 days and 60% from day 181 onwards, subject to a minimum and maximum set each year. To qualify, you need to have contributed for at least 360 days over the last 6 years. At Gestoría Gala we process your unemployment claim and tell you exactly how much you are entitled to.

Voluntary early retirement lets you retire up to 2 years before the ordinary retirement age if you have at least 35 years of contributions. Involuntary early retirement (for reasons not attributable to the worker) allows retirement up to 4 years early with 33 years of contributions. In both cases, reduction coefficients apply to the pension. We'll calculate how much you would receive in each scenario.

No, not unilaterally, if it affects essential terms of the contract (salary, working hours, duties, place of work). The Workers' Statute sets out a formal procedure for substantial modifications, with 15 days' notice. If the company does this improperly, you're entitled to terminate the contract with compensation equivalent to unfair dismissal.