Work, work and work: it seems that the society of the 21st century only thinks about that – and I do not blame everyone who gets up early to take food home – and it is because unfortunately we live in a society in which we depend of monthly income to determine our quality of life, which is intrinsically linked to our purchasing power.
Likewise, everyone who has a job wants to get a permanent contract that can give him that bit of security that we all need to start dreaming in our lives. The truth is that you have a permanent or temporary position, you can be the victim of an unjustified dismissal, one of the biggest problems that many working citizens suffer at this time or suffer throughout their working lives.
In this article we will talk about unjustified dismissal: we will tell you what you should know about it. As always, in the last part of the article we leave you a series of tips that may be useful to you
What do you need?
Although we can guess from its name, we have decided to include the definition of an unjustified dismissal from the legal point of view: We can conceive a dismissal as unfair when the company or employer that executes it cannot faithfully demonstrate what the worker is accused of. In question, likewise, when the causes are not serious enough to qualify as valid.
You should know, therefore, that the letter of dismissal from the company is the only thing that the company can claim in front of you in case you want to take your process to court. This means that, if the company claims that it fires you for lack of punctuality and you prove the opposite, the company will NOT be able to seek another cause.
It is important to emphasize that dismissal can be categorized in two ways:
- Disciplinary: is one in which the worker is at fault. That is to say, he has a behavior that is not adequate and therefore the employer has the option of firing him.
- Objective: it is when for reasons in which the worker is not necessarily at fault (aptitude or ability to perform the job) and therefore is fired.
Unjustified or unfair dismissal is a phenomenon to which practically all of us who are part of the labor market are exposed. Therefore, it is important that you know these concepts in advance because, unfortunately, we do not know when a situation as unpleasant and unfair as this occurs to someone close or to ourselves.
If you are looking for information online because you have been the victim of an unjustified dismissal, we recommend that you continue reading the next section because there we will show you step by step how to react legally to a situation of this type.
In advance we tell you that it is important to react quickly to this situation due to the time imposed by law to file claims. Therefore, do not waste time and inform yourself as much as possible to avoid missing the opportunity to do justice.
Try to be a good employee so they don”t have a justified complaint about you.
Step-by-step guide: claiming for wrongful termination
We know that the moment of dismissal – when you read the dismissal letter – is unpleasant and it is not advisable to stare at the letter for a long time. Therefore, the first step would be for you to try to clear your mind and stay calm: everything will improve
What you should keep in mind are the reasons why you have been removed from your position, because as we previously anticipated, in a trial for unjustified dismissal the company can only allege what is in the letter. Talk to your boss.
Once the dismissal letter is received, the claim process begins, let”s see it in detail:
- You should know that you only have 20 business days after the date of the unjustified dismissal to be able to file a claim with the courts.
- In advance you should know that the claim that you will make – advising you with good lawyers – must be alleging that the dismissal is inadmissible or null.
- But first you must file a claim with the body of your Autonomous Community. It is a procedure that is generally called a Request to celebrate an act of Conciliation. Conciliation is an attempt to get both parties to dialogue and reach an agreement.
- In the event that they reach an agreement, the case will be closed. If you continue to insist that your dismissal is unjustified and the company does not recognize it, you should take it before the social court.
- Once the day of the trial has arrived, the judge will reach a conclusion after evaluating the case, obviously, the judge will issue a sentence which can be in three ways:
- Proceeding: it means that the judge considers that the dismissal falls within the conditions established by law and you will have lost the case.
- Unfair: this is one of the two cases in which the judge considers that the dismissal was unjustified and the company will have two options. The first one is to readmit yourself to it by paying the salary that you have stopped receiving since you were fired until the day of the trial. The second is that the worker is compensated equivalent to 45 days, this in contracts prior to 2012, and 33 days in those after this year.
- Void: This case is very similar to the unfair dismissal in the first option, that is, the company must give you the job again and you will have to receive compensation from it from the date you were dismissed until the court declared that dismissal as unfair or unjustified dismissal.
It is a somewhat tedious process, but not too complex. You must always be careful that times do not pass you, as well as to advise you well to prevent the company from winning this legal battle.
Don”t be discouraged: follow our advice
We know that the unemployment situation and the fact of suffering a dismissal, especially since it is an unjustified dismissal, is not pleasant at all, so we recommend that you approach your loved ones and seek help from them so as not to fall into depression or in a significant low mood.
Stay active during your inactive time and think that they are a kind of vacation that you deserve: because do not forget that you have the right to unemployment and a series of benefits that can vary according to your economic and social condition, job you had and time you had working.
Also take advantage of doing things that you could not before because of work and clear your mind, that is, take a few days and then start the job search again, because we are sure that you are a very qualified person to continue your working life, although has been the victim of an unjustified dismissal.
In conclusion, although this article is to inform you about something as important as this, we hope that it has been helpful and that our advice and words have helped you in a very difficult situation … What does not kill you makes you stronger.
About The Author
VirallyMedia Editorial Staff
Our team of expert writers and researchers are dedicated to bringing you the latest trends, news, and best practices in various fields, including but not limited to business, technology, health, lifestyle, entertainment, and more. We strive to create informative and engaging content that is easy to understand and relevant to your needs.