Protected situations mean that if you are part of the protected groups and get fired, when contested, a judge will rule the dismissal ‘nulo’ meaning nul and void.
- Pregnant women, from start pregnancy
- Those workers that have come to an agreement with employer to work less hours to take care of a minor under 12, a disabled person or a family member
- Those that represent other workers, union representatives for example
- Both parents for 12 months after birth of a child
- Those on unpaid leave ‘excedencia’ to take care of a child or family member
- Those that have denounced their employer, e.g. with the Seguridad Social, for incorrect wages, illegal extra hours worked, illegal temporary contracts etc.
We advise seeking advice from a labour law expert if you find yourself in this situation. Easiest access is through a worker’s union. CCOO and UGT are big unions in Spain, you can find a listing of offices on their respective websites. You don’t have to be a member to ask for their help, but they might ask for a small contribution.
Extremely important when you sign the ‘finiquito’ that your employer presents you, adding ‘NO CONFORME’ as that will enable you to contest the dismissal.
Furthermore, it’s the company that needs to provide proof to support the legality of the dismissal ‘procedente’ or ‘improcedente’ and a judge will rule. Only ‘improcedente’ dismissals can be declared ‘nulo’ nul and void, in the above mentioned circumstances.
Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.
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