If you are an employee, you know that your job is not "forever." Sometimes yes, but other times you have to perform to know that they are not going to kick you out. And speaking of layoffs, what do you know about layoff notice?
This topic interests you because Sometimes we don't realize how important it is and how a company must respect the law. (and sometimes it doesn't). Here you will find a series of questions with their answers. Shall we start?
What is advance notice of dismissal
Being given advance notice of dismissal is not a good thing, quite the opposite, because it means that "your days are numbered" in the company. The concept of advance notice of dismissal is a communication from the company to a worker to indicate that they are going to be dismissed.
El The maximum objective of this notice is to give the worker time to accept that decision and prepare., whether looking for a new job, organizing the paperwork to file for unemployment, or reviewing your accounts for a tough time without an income.
What you should keep in mind is that advance notice is generally not only given by the company, but also that the worker, if he is going to leave his job, has to notify the company in time to be able to organize and select a substitute.
How many days notice of dismissal is given?
Article 53.1.c ET: 1. The adoption of the termination agreement under the provisions of the previous article requires compliance with the following requirements:
c) Granting a notice period of fifteen days, calculated from the delivery of the personal communication to the worker until the termination of the employment contract. In the case contemplated in article 52.c), the notice letter will be given a copy to the legal representation of the workers for their information.
According to article 53.1.c of the Workers' Statute, The company is obliged to give notice to the worker at least 15 calendar days in advance. But by collective agreement, this notice may be longer (it will never be less than 15 days because it is the minimum established by law, but it may be longer).
The period begins to count at the moment the decision is communicated to the worker. And this should be in writing. If at any time the company tells you verbally that it is notifying you because it is going to fire you, you should know that this is not legal and has no validity.
What the notice letter should contain
The document they owe you submitted for the notice of dismissal must contain the following elements (apart from company and worker data):
- The date of presentation of the notice and the date on which the worker's dismissal will become effective.
- The fact to which the notice corresponds. That is, why that communication is presented to you. In this case, it is a notice of dismissal, but it could also be a notice of change of position, area, office...
- The reasons for your dismissal.
Is it always mandatory to give advance notice?
Well the truth is that no. You may encounter certain situations in which the dismissal becomes effective immediately, without having to wait for that time for it to take place. This is:
- When the dismissal is disciplinary, That is to say, the fault of being fired is yours. In this case, the company does not have to give you any type of notice, but can immediately process your dismissal.
- If your dismissal is objective or collective, the company does have the obligation to issue a notice of at least 15 days.
What happens if the company does not give you that 15-day notice?
Let's put ourselves in the following scenario. Imagine that you work for a company and suddenly they tell you that you are being fired, without there being any disciplinary reasons. In this case, there has been no advance notice. Is it legal?
Well, the first thing is that no, it is not legal, because as we have told you, it is the employer's obligation to notify you of your dismissal with a prior period. But the truth is that that can happen.
If The employer has not given notice, he is obliged to pay the worker the salary of those 15 days of notice. Continuing with the example, if you have been fired on April 30, you have to be paid the first 15 days of May, even if you are not going to work. This must be reflected in the settlement (so if they are not there you can claim it through the conciliation slip).
Now, as we have said before, the worker also has to give 15 days' notice that he is leaving the company. Does it mean that if he does not comply with it he may face problems? The truth is that yes.
Just as the company must pay the days of notice that it has not fulfilled, The same will happen with the worker. In the settlement, the company can deduct those days that it should have notified you but has not done so. Let's take an example:
If on the same day, April 30, you inform your company that you are resigning, in the settlement the company has the right to take back 15 days of that notice that you have not given (15 days of work).
What happens in the notice period?
Something that not many people know is that, when you have a notice period "like the sword of Damocles", it gives you a series of rights. The first of all is that You will be able to be absent from your workplace six hours a week. That time will be spent looking for a new job, or putting paperwork in order. Or whatever you want, because you don't have to explain things to your future ex-company.
The second is that That absence from work does not mean that they have to pay you less. You must receive your full salary (and if the company takes it from you you can claim it).
As you can see, advance notice of dismissal is an issue to take into account, especially because this way you will know if the company complies with what the law establishes or there is something that it is not doing well and is to your detriment. Have you had any more questions about this topic? Leave them in comments.