In a historic decision reinforcing workers’ rights in Spain, the Supreme Court has set a precedent mandating a pre-dismissal hearing before proceeding with a disciplinary dismissal. This ruling marks a significant shift in labour relations by requiring employers to hear the employee before deciding on the dismissal judgement.
This new judicial criterion not only guarantees the worker’s right to defend themselves but also promotes transparency and prevents unilateral or arbitrary decisions by companies.
Key Changes Derived from the Jurisprudence
Mandatory Pre-dismissal Hearing
The Supreme Court has ruled that, in disciplinary dismissal cases, companies must allow the worker to be heard before deciding. This process allows the worker to present evidence or offer explanations regarding the allegations against them.
Pre-dismissal Hearing Procedure
Notification to the Worker
The company must notify the worker of the reasons for the proposed dismissal and schedule the pre-dismissal hearing, ensuring sufficient time for preparation. This period typically ranges from two to three business days.
Conducting the Hearing
During the hearing, the worker can present their version of events, submit evidence, and be accompanied by a legal or union representative.
Reasoned Resolution
Upon conclusion of the hearing, the company must issue a written decision indicating whether the disciplinary dismissal will proceed.
Documentation of the Process
To ensure traceability of the proceedings, the process must be documented, including statements from the workers and the company’s reasons.
Increased Judicial Oversight of Dismissals
Failure to comply with the pre-dismissal hearing process may result in the dismissal being deemed unfair, thus increasing judicial scrutiny of these procedures. Additionally, given the recent introduction of this requirement, further implications, such as additional compensation or penalties for companies, could arise.
Adapting Corporate Policies
Companies must promptly review and update their internal protocols to meet this new standard, potentially requiring a comprehensive overhaul of current disciplinary procedures.
Conclusion
The Supreme Court’s jurisprudence on mandatory pre-dismissal hearings in disciplinary dismissals represents a significant advancement in labour protections in Spain. It stems from the application of Article 7 of ILO Convention No. 158, in force in Spain since 1986.
Ensuring a pre-dismissal hearing for workers in disciplinary dismissals is crucial to avoid the automatic declaration of dismissal as unfair and potential future penalties.
If you need further information on the worker’s pre-dismissal hearing, guidance on implementing these practices within your organization, or legal support in specific labour cases,
