CAB Spain is in receipt of numerous enquiries about employment law. A topic that is raised continually is the issue of redundancy. On this matter one cannot generalise. Employment rules must be judged on the merit of each individual contract.
One of the most common questions relates to redundancy paymments. Each case will be different according to the employment contract. Where we can generalise is about the redundancy letter that will need to be signed. When dismissed from employment, one has 15 days in which to apply for unemployment benefits, to apply the redundancy letter is a necessary requisite for SEPE ‘the department of employment’. The pressure of this appears to urge many to sign whatever is placed in front of them.
In many cases, redundancy letters are being signed and some provided only with a Spanish version even from non-Spanish companies or Employers. This letter will define what payments you are owed including holiday pay (many have lost monies due). Once signed, you are agreeing to the agreement written into letter. Insist that the letter is also provided in your own language, if still unsure, you can sign but with a legal protection in place. As simple as it appears this is a legal protection. You write in Spanish ‘NO CONFORME’ the date and your signature, in this way you can challenge the dues owed which normally are paid at a later date. If you don´t receive a cheque for the outstanding amount of wages, holidays and/or reduncancy on the spot, you could also write ´PENDIENTE PAGO´ (pending payment) next to the date and your signature. If the letter consists of more than one page, make sure to sign and date each page.
Please note that your appointment with SEPE/INEM doesn´t have to be within 15 days, it´s the day you make the appointment that counts.
Info about ´Certificado de Empresa´ that your employer needs to generate as well to enable you to claim paro/unemployment benefits.