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À la carte dismissal compensation, a reality?

In our surrounding countries, the amount of compensation depends on the labor legislation of each country. We can find countries like Germany where workers have a right similar to ours, as well as other countries like Denmark, Finland, Austria and Belgium where this right is practically non-existent.

The labor reform in Spain

In Spain, the Labor Reform of 2012 modified the amount of compensation for unfair dismissal, reducing it from 45 days of salary per year of service - with a maximum of 42 monthly payments - to 33 days of salary per year of service - with a maximum of 24 monthly payments -, which is the one that is currently in force and has not been modified after the last labor reform of December 2021.

To calculate the amount that corresponds to the worker, a series of factors are taken into account, such as: the cause of dismissal, seniority and the worker's salary.

Both the Minister of Labor and the most representative unions in our country, UGT and CCOO, consider that we would have to rely on other factors, taking into account that compensation must repair the damage caused and the situation of each employee and reform the current regulations. to adapt to European criteria. He alleges that dismissal in Spain "comes out too cheap." The Minister of Labor proposes a restorative or reparative dismissal, in which the personal and professional situation of each worker is taken into account to calculate compensation, independently and not objective criteria of salary and seniority alone. Age, training, gender and type of income among other factors would be taken into account.


The position of the unions

For their part, the unions have a similar position and consider that compensation in Spain is not “reparative and proportional” enough. For this reason, UGT presented a claim before the European Committee of Social Rights (CEDS), understanding that our regulations violated the provisions of article 24 of the European Social Charter, which provides that all workers have the right to protection in the event of dismissal and the provisions of article 158 of the ILO, which includes general conditions under which the termination of a contract can occur.

The CCOO union has subsequently raised a claim with the same CEDS in similar terms, although expanding the request to the recovery of processing salaries; mandatory reinstatement as adequate compensation in certain cases of abusive and fraudulent dismissal and an increase in the amount of 33 days of salary per year when there are other specific damages or abuses in temporary hiring.


At the moment, only the claim filed by UGT has been accepted for processing, so we will have to wait for the European organization's Resolution to know what fate will bring us, how it will affect our country and what measures the government will adopt. .  

We must take into account that in neighboring countries such as Finland, Italy and France, in similar cases like ours, union claims have been filed before the European Committee, and Decisions have already been issued on the merits, which understand that if a violation of the provisions of art. 24 of the European Social Charter mentioned above and recognizes the right of workers dismissed without valid reason to adequate compensation or other appropriate compensation, which may lead us to think that it will rule again in the same sense.

If you want more information, I have attached some links where you can get more information.  

Collective claim CCOO Workers Commissions

Unjustified dismissal: France contravenes the European Social Charter

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