What's a Girl to Do?

Information and questions about the Law in Spain and Andalucia.
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What's a Girl to Do?

Postby herrador » Wed Sep 02, 2009 1:11 am

What are the options of a young Danish woman, unlawfully employed and subsequently unlawfully dismissed from her employment by an English lawyer.


What a shame it must be to be English...
Kind regards,

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Retro P
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Re: What's a Girl to Do?

Postby Retro P » Wed Sep 02, 2009 6:29 pm

Serves you right for working illegally, go back to Denmark, you could work the night shift in Tivoli gardens and earn a few kroner :)
Ah! the full english!!

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Re: What's a Girl to Do?

Postby Stupot » Wed Sep 02, 2009 6:53 pm

The confusion here is due to the failure to understand the difference between unlawful and illegal.

Unlawful means that it is against the law and illegal is.....er.....a sick bird of prey!

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Re: What's a Girl to Do?

Postby Nimrod » Wed Sep 02, 2009 8:13 pm

You don't tell us why you got the tin tack.

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Re: What's a Girl to Do?

Postby DavidSearl » Mon Sep 07, 2009 11:16 am


As it appears from the Injustice in Europe web site to which you directed us, you have already done the right thing, which is to go to court for unlawful dismissal. The labour court, "Juzgado de lo Social" tends to favour the poor worker over the capitalist boss in most cases. And it also appears from the web site that you were awarded thousands of euros in compensation, which would also include a full contract as a worker. The problem appears to be that the company has not paid and has changed its name, so what now?

Standardly, your lawyer appeals to the Court for the "Ejecución" of the sentence, requiring them to make a search for any registered goods of the company, in order to have them seized and sold to meet the debt. If no assets are found, you then appeal to the court for an "auto de insolvencia", an act of insolvency, with which you go to the "Fondo de Garantía Salarial", the back-up system to protect the worker. Unfortunately, they will probably award you only around 40 per cent of the compensation ordered by the Court, my experts tell me.

Keep in mind that you have a sentence against the company, and if you can find them, they are still liable for the compensation payments, as well as being obligated to give you your job back, legally this time.

Good Luck with it, David Searl
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