Dismissals

In Spain there are several types of dismissals.

1. IMPROCEDENTE; inappropriate dismissal, do also mean illegal dismissal. This type of dismissal can be used at any time. It can be used without reason. According to the law, Sellbytel do have to pay a compensation for using this type of dismissal. When they pay the maximum compensation according to the law the dismissal become legal.
When Sellbytel pay the maximum according to the law it is no use making a demand against Sellbytel for using this type of dismissal, you will not win more money, just losing your time.
IMPORTANT: you have to take the taxes in consideration when Sellbytel uses this type of dismissal. When the compensation is paid in the company it is considered as a normal salary and therefore you will have to pay taxes. So if the amount is huge, you will have to decide if you want to go to CMAC in order to avoid the taxes. If you decide to go to CMAC you will have to sign “no conforme” and go to the office in C/Albareda 2. The process can take up till 4 weeks. If you don’t have a lawyer to help you we can help you with some guide lines.

2. PROCEDENTE; fair dismissal. Means that Sellbytel do have a reason to dismiss you. You do not get any compensation; they do not have to give you 15 days’ notice. Sellbytel do have evidence that according to the law is reason to the dismissal.

3. OBJETIVO; objective dismissal. Sellbytel do use this kind of dismissal when the service in your project or the whole project closes; when they have reasons to reorganize the work or if they do have economically reasons. You get a small compensation, between 8 and 12 days per worked year all depending on when you signed your contract. This compensation is considered as normal salary and therefore objects to taxes. They also have to give 15 days notice.

In all cases you will always receive your “finiquito”, this means “last salary”, and it includes salary until the last day, bonus until the last day, non-held holidays, non-held compensation days, etc. so this has nothing to do with compensation, do not mix these 2 concepts.