Europe considers Spanish compensation for unfair dismissal insufficient

The European Committee of Social Rights (ECSR) has once again ruled on compensation for unfair dismissal in Spain, which it considers insufficient. Once the full ruling is known, companies will have to wait for the measures adopted by the government to adapt to the European proposal. 

Enrique Ceca, a partner in the labor law department, comments in Cinco Días on his predictions once the measures on additional compensation for dismissal are known: “it will be used by workers to defend their interests, leading to more litigation,” and he points out that, in order to claim it, workers must “expressly request it” and justify it.

Regarding the criteria of the courts in Spain, our labor lawyer predicts: “Some courts of first instance could consider that the Supreme Court's doctrine is insufficient in light of international commitments, especially if the worker files a well-founded claim invoking Article 24 of the European Social Charter and the decisions of the Committee.”

And this, he believes, will result in legal uncertainty: “There could be disparate rulings on similar facts depending on the interpretation made by the court of first instance.”