A dismissal will be classified as void when it is motivated by discriminatory causes or when it violates fundamental rights and public freedoms of the affected person.
The dismissal of employees under any of the following circumstances will also be void:
Pregnant employees
Employees during the period of suspension of the contract due to birth and care of a minor, risk during pregnancy, risk during breastfeeding and illnesses caused by the previous situations. Additionally, this protection is extended, once the suspension period has ended, when they have returned to their job as long as no more than 12 months have passed since the date of birth, adoption or fostering of the child
When the dismissal affects anyone requesting or enjoying a care leave of an infant or a child under 12 months
Employees who have requested the CUME (reduction for caring for minors due to cancer or serious illness)
When leave has been requested or is being taken to care for a child or a family member who cannot take care of themselves
By enjoying the new parental leave, or having requested paid leave for an accident or hospitalization
For having requested or are enjoying work day adaptations
For exceeding the thresholds of collective dismissal or if the rules to carry it out are not respected
Women victims of gender violence, when they make use of their right to request the action of judicial bodies for their defense
Additionally, dismissals carried out due to mere retaliation against employees who have filed claims to safeguard their labor rights may also be considered null, because it violates their guarantee of indemnity.
As a peculiarity, it should be noted that the qualification of nullity corresponds exclusively to the judicial body (that is, it cannot be agreed between the parties or be recognized by the employer). In short, for the annulment of the dismissal to unfold its consequences, it must be challenged in the social jurisdiction and must be declared by a judge.
In the event that a judge declares the dismissal null and void, the employee will have the right to be reinstated in his or her job with the same working conditions (with exceptions), as well as to receive the processing salaries (that is, the salaries that he or she has stopped receiving from the date of dismissal until the date of reinstatement).
The clear definition of the legal strategy to prove the existence of causes of discrimination will resolve the meaning of the judicial resolution. For this reason, at ORTIZ PALMA ABOGADOS LABORALISTAS we put at your disposal our knowledge and extensive experience to defend your null dismissal based on purely discriminatory reasons, so that you can recover your job and your salary.
