a friend has been fired..............

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meseta
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a friend has been fired..............

Postby meseta » Wed Dec 28, 2005 1:06 pm

A friend, who has been working for a Spanish company, successfully, for the last 3 years, has just been fired. A trumped up excuse, no notice, marched off the premises after coming in to the office for a hour during leave to help. The individual has a proper contract which has been breached.

Any advice, experiences or suggestions from the members would be greatly appreciated.

Wishing you all a Happy New Year and all the best for 2006 !

Meseta

sassy
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Postby sassy » Wed Dec 28, 2005 1:22 pm

Hi there

Sorry to hear about your friend, have they had formal written warnings within the last 6 months? Did the employer actually sack them today or make them redundant by giving finiquito and the final payment worked out over the 3 years employment? If they were handed the payment and finishing papers and signed them, there is not a lot they can do, but if they have been dismissed without any warning or papers then they should seek legal advice immediately.

Sass

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meseta
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THanks

Postby meseta » Wed Dec 28, 2005 2:15 pm

Sassy, thank you for the prompt response. I'll have the details later today. My understanding is that she was simply told to pack up her desk and leave.

It sounds to me like a travesty. I'm going to be doing all I can to assist !

regards

meseta

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John M
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Sacking

Postby John M » Fri Dec 30, 2005 10:36 am

Hi meseta, sorry to hear about your friend's news. I have a friend who was fired in similar circumstances a couple of weeks ago by a Brit who said 'he had run out of money' so he was sacked although the shop keeps trading!

My friend has been to the Spanish employment authorities in Malaga, with his contract, and they are taking the employer to court on 13th Jan. it was a fairly simple process, but you will have to speak fluent Spanish. Once the case is heard, the employer will have to pay the salary up to the date of the case, probably plus a further payment in your friend's case as your friend has been employed for quite a long period. In the case of my friend, the authorities also discovered that the employer was not trading in strict acordance with the regulations, so he may lose his licence as well :wink:

This is one area where the authorities DO SOMETHING :!:

Good luck
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daneinspain
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Postby daneinspain » Fri Dec 30, 2005 8:44 pm

If they were fired for the wrong reasons then sure go ahead with something, but if it was because they are bad workers in some way then you can hardly expect an employer to keep them on.

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kevin77
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Postby kevin77 » Fri Dec 30, 2005 11:34 pm

I dont think so, Dane, not in this case with 3 years service, she deserves a bit better from her employer! Depends on what is in her contract, if she has one??

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meseta
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employment contract

Postby meseta » Sat Dec 31, 2005 12:04 am

I understand that a contract of employment does exist. She will be taking the matter further with her lawyer.

Strange as it may seem, daneinspain, good or bad employee, everyone has rights.

Thank you all for the comments.

All the best.

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safeashouses
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Postby safeashouses » Sat Dec 31, 2005 12:16 am

This CAB website may be of use I realise it refers to employment in England but I'm sure EU employment must be similar.

http://www.adviceguide.org.uk/index/lif ... _dismissal

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John M
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Re: employment contract

Postby John M » Sat Dec 31, 2005 11:07 am

meseta wrote:I understand that a contract of employment does exist. She will be taking the matter further with her lawyer.

Thank you all for the comments.

All the best.
Great news about the contract mesata. The other good news is that the authorities don't drag their heels over employment issues, it saves them unemployment payments.

I hope it all works out for your friend.

Happy New Year.
Andalucia really is the
Centre of the Universe

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phil_euro
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Postby phil_euro » Sat Dec 31, 2005 7:08 pm

Can you keep us posted on this? I have a friend in a similar situation.

Thanks!

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kevin77
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Postby kevin77 » Sat Dec 31, 2005 9:33 pm

Yeh Phil, we've got your number!

yummymummy
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Postby yummymummy » Tue Jan 03, 2006 3:25 pm

From my understanding of spanish employment law the employer can be sued but of course it depends on the exact circumstances and details (warnings, etc). I would tell you friend to definitely get in touch with a lawyer and look to sue the company. Best of luck and keep us posted on the outcome.


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