{"id":188744,"date":"2025-12-04T09:30:16","date_gmt":"2025-12-04T09:30:16","guid":{"rendered":"https:\/\/teknomers.com\/en\/europe-has-warned-for-years-that-firing-in-spain-is-a-bargain-now-congress-is-taking-action-with-the-restorative-dismissal\/"},"modified":"2025-12-04T09:30:17","modified_gmt":"2025-12-04T09:30:17","slug":"europe-has-warned-for-years-that-firing-in-spain-is-a-bargain-now-congress-is-taking-action-with-the-restorative-dismissal","status":"publish","type":"post","link":"https:\/\/teknomers.com\/en\/europe-has-warned-for-years-that-firing-in-spain-is-a-bargain-now-congress-is-taking-action-with-the-restorative-dismissal\/","title":{"rendered":"Europe Has Warned for Years That Firing in Spain is a Bargain: Now Congress is Taking Action with the “Restorative Dismissal”"},"content":{"rendered":"\n
\n

Unfair Dismissal in Spain: A Bargain for Companies<\/h2>\n

Unfair dismissal practices in Spain have long been criticized as cost-effective for employers. The European Committee of Social Rights (CEDS), part of the Council of Europe, has been vocal about this issue, urging Spain to reform its laws. Unfortunately, the Spanish government has largely ignored these recommendations.<\/p>\n

Political Shifts Spark Legislative Changes<\/h2>\n

An unexpected turn occurred recently due to a voting error by a member of the Popular Party during a congressional vote. This error allowed a Non-Law Proposal (PNL) initiated by Sumar to advance, pressing the government to draft a bill that reforms laws affecting “restorative dismissal,” a concept that aligns with European recommendations.<\/p>\n

Europe’s Warnings Since 2021<\/h3>\n

Spain ratified the European Social Charter<\/a> in 2021, committing to align its labor laws with European principles. However, the fixed compensation model, which allows a maximum of 33 days of pay per year worked (capped at 24 months), fails to meet these criteria. Although the European Social Charter provides guidelines, it lacks binding authority, making it easier for Spain to delay necessary reforms.<\/p>\n

The Call for Article 24 Reforms<\/h2>\n

Article 24 of the European Social Charter calls for adequate compensation for workers dismissed without valid reasons. It emphasizes the need for compensation to be “adequate and dissuasive,” a requirement not currently met by Spain’s fixed compensation model.<\/p>\n

Internal Politics Change the Game<\/h2>\n

The recent success of the PNL may serve as a pivotal moment. While the proposal does not amend existing laws directly, it requires the government to initiate a legislative process in consultation with unions and employers. This social dialogue will culminate in a bill that eventual returns to Congress for a vote.<\/p>\n

Understanding Restorative Dismissal<\/h3>\n

Despite some confusion, “restorative dismissal” is not a new type of dismissal but a proposed change in how severance payments are calculated. Currently, the system is predictable and allows companies to easily calculate the costs of dismissing employees. Restorative dismissal would introduce variability, leaving compensation decisions to the discretion of judges based on individual circumstances.<\/p>\n

The Mechanics of Restorative Dismissal<\/h2>\n

This model aims to assess severance based on specific factors such as age, social circumstances, and the worker’s probability of re-entering the job market. For instance, a 60-year-old worker with dependents may receive different compensation than a younger, single counterpart dismissed under similar conditions. This individualized approach is essential for addressing the real impact of unfair dismissals.<\/p>\n

Deterrence and Employee Protection<\/h3>\n

The purpose of restorative dismissal extends beyond compensation; it aims to deter companies from resorting to unfair dismissal practices. By removing predictable costs, companies must consider genuine economic issues, leading to fewer unjust terminations, particularly amongst vulnerable worker populations like young people and women.<\/p>\n

Legal Limitations in Spain<\/h2>\n

Spanish courts have faced challenges in implementing Europe’s recommendations, often denying higher compensation claims than those outlined in the Workers’ Statute. This failure is attributed not to judicial unwillingness but to a lack of a legal framework that could support such decisions.<\/p>\n

As Europe continues to scrutinize Spain’s labor practices, the call for reform becomes increasingly urgent. The recent political shifts may be a catalyst for meaningful change, addressing what has been deemed an unacceptable state of affairs in employee protections.<\/p>\n<\/div>\n


\n
General News – 2<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Unfair Dismissal in Spain: A Bargain for Companies Unfair dismissal practices in Spain have long been criticized as cost-effective for employers. The European Committee of Social Rights (CEDS), part of the Council of Europe, has been vocal about this issue, urging Spain to reform its laws. Unfortunately, the Spanish government has largely ignored these recommendations. […]<\/p>\n","protected":false},"author":1,"featured_media":151201,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[36399],"tags":[199,26306,1699,10232,1147,8265,46070,1694,1230,45],"class_list":["post-188744","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-technology","tag-action","tag-bargain","tag-congress","tag-dismissal","tag-europe","tag-firing","tag-restorative","tag-spain","tag-warned","tag-years"],"_links":{"self":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/188744","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/comments?post=188744"}],"version-history":[{"count":0,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/188744\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/media\/151201"}],"wp:attachment":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/media?parent=188744"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/categories?post=188744"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/tags?post=188744"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}