Were you fired because of Coronavirus?

I.- Have you been dismissed? Has your company closed because of the Coronavirus and has it dismissed all of its employees? How can you demand your severance pay?

If you were fired you have the right to an acquittance and a severance pay for this dismissal. The acquittance corresponds to quantities such as the days worked in the month, just before the dismissal, holidays not enjoyed, etc.

Furthermore, the dismissal gives a right to a severance pay that varies according to the case.  It could be 20 day’s salary per year worked, 33 days, 45-33 days…

However, it is essential to contract a lawyer to be able to calculate the severance pay owed depending on your specific case and on the type of dismissal you have lived.

The situation we are living is completely new and we do not have jurisprudential criteria to help solve it. It is hard to tell what will happen because we’re in a constant changing situation. Nonetheless, there is one thing that we know that you should do if you have been dismissed with the actual situation: contact a lawyer, do not wait any longer.

If ever you receive a dismissal letter that you do not understand, you should not sign it until someone you trust explains it to you. Usually, our clients ask his employer for one more day to be able to come to the Law Firm and talk with our lawyers to check if everything is correct and if it does not right, we would advise our client not to sign or to sign it adding the sentence NO CONFORME which means « NON-COMPLIANT ».

Our lawyer will be here to tell and explain you which are your legal rights and also to help you get them.

II.- Do you need legal advice concerning a Labour Force Adjustment Plan (ERTE)?

The political authorities are reaction to coronavirus or COVID19 every day. For that, it is hard to know how long the information of this article will be valid so we recommend you, if you need legal advice concerning a Labour Force Adjustment Plan (LFAP), you should contact a trustful lawyer.

It seems like with the emergency state, the LFAP could increase a lot. The Government will probably clarify the different causes that can allow a LFAP, especially when it comes to causes of force majeure linked to the coronavirus.

The article 47.1 of the Real Decreto Legislativo 1/1995, from March 24, provides that the employer might suspend the employment contract for economical, technical, organizational reasons. The article 47.3 of the same law also adds that the employment contract might be suspended for a reason that is linked to force majeure.

Our law firm has started to receive enquiries linked to both dismissal and LFAP. You might send us an email to rpinera@pineradelolmo.com putting as subject « LFAP / ERTE » or «dismissal» and one of our lawyers will contact you as soon as possible. You can also, if you prefer, contact us by WhatsApp to that Spanish number: 675 58 14 62, or by phone to our land line with this one 93 514 39 97.

Piñera del Olmo

Granada del Penedès 10, entlo
08006 Barcelona

Phone: +34 93 514 39 97

Fax: +34 93 127 07 66

Emailrpinera@pineradelolmo.com