Spain: No more instant dismissals

The Spanish Supreme Court has ruled that employers must provide a preliminary hearing before any disciplinary dismissal. This would bring Spanish law in line with international labor standards, ensuring employees can defend themselves before termination.

Details: The case involved a teacher dismissed - for inappropriate conduct towards his female students - without a hearing. The Balearic Islands High Court of Justice to declare the dismissal unfair due to procedural errors.

What’s next: Employers are now required to offer employees a preliminary hearing before dismissal. Based on an updated interpretation of article 7 of ILO Convention 158, ratified by Spain in 1985, the Court confirms that employees must have the opportunity to defend themselves against the allegations made before the dismissal decision is made and notified.

ADDITIONAL INFORMATION:

See here for a fuller account.