Is it legal to fire me verbally?
No, all types of dismissal require compliance with certain requirements. Among them is the obligation to dismiss by delivering to the employee a written communication that includes the causes and effective date of the dismissal.
When I am notified of the dismissal, am I obliged to sign the dismissal letter?
No, it is not mandatory. If the employee does not sign the letter, alternatively two witnesses can sign it to show that an attempt has been made to deliver the dismissal letter and the employee has rejected it.
In any case, it is highly recommended that the employee who signs the letter write next to his signature the following text: “received and not compliant”, while waiting to receive appropriate legal advice.
If I am fired, is it mandatory to give me advance notice?
In the event that the dismissal is based on objective causes, the employee has the right to be granted 15 days' notice. And, in the absence of this notice, the employer will be obliged to pay the corresponding salaries for the days of notice that have not been fulfilled.
For its part, if the dismissal is carried out for disciplinary reasons, it is not mandatory to give advance notice.
And if I do not agree with the dismissal, can I complain?
Yes, the employee has a period of 20 business days (not counting Saturdays, Sundays or holidays) to file a claim before the Labor Courts. However, it is mandatory that an attempt at administrative conciliation be accredited before the corresponding Conciliation Section.
And, if I have been fired and they owe me salaries, what can I do?
All salaries owed to you for the last 12 months can be claimed in the social jurisdiction. As with dismissal, this wage claim requires the presentation of a conciliation document prior to the start of judicial proceedings.
Once dismissed, am I entitled to apply for unemployment benefits?
Yes, regardless of the classification of the dismissal, the employee has the right to request unemployment benefit, which he will receive as long as he meets the legal requirements established to be entitled to receive this benefit (e.g. minimum contribution period, etc.).
Is severance pay taxable?
As long as a legal procedure is carried out (e.g. conciliation paper, etc.), the dismissal compensation will be exempt from Personal Income Tax (IRPF) taxation up to the maximum limit of 180,000 euros. The amount received that exceeds that amount will be subject to tax withholding.
