When a worker loses his job due to a disciplinary dismissal, it means that one or more faults have occurred that have been sufficient reason for the company to decide to cut its contractual relationship. The consequences of a disciplinary dismissal are, for example, not receiving the corresponding severance pay (although the settlement) and, until 2022, not being able to access unemployment benefits.
Before, the worker had to sue the company against the dismissal situation to be considered legally unemployed (one of the mandatory requirements to be able to collect unemployment). Now, this procedure is no longer necessary to be able to access unemployment if we have been dismissed for disciplinary reasons.
Yes, of course, you have to meet certain requirements to be able to request the corresponding unemployment benefit. In addition, these types of dismissals are now being looked at with a magnifying glass to avoid fraud against the law after this recent modification.
Requirements to request unemployment due to disciplinary dismissal
In order to access the unemployment benefit after a disciplinary dismissal, the first thing that will have to be fulfilled is the requirements to be able to request unemployment, regardless of the type of dismissal. Thus, it will be necessary to be affiliated or affiliated and in a situation of registration in Social Security, always in a regime that contemplates the contingency for unemployment; I was in a legal situation of unemployment and have worked and contributed to unemployment for at least 360 days within the 6 years prior to the dismissal.
In addition to meeting these requirements in order to receive unemployment, in the case of disciplinary dismissals, the corresponding company certificate and disciplinary dismissal letter must be presented.
However, if Social Security detects any type of attempted fraud in the disciplinary dismissal, it may request additional checks and documents. For example, the affected party must present the corresponding lawsuit against the dismissal if so requested by the Administration. You can also request the Labor Inspectorate to investigate the dismissal or ask the worker to provide the Conciliation Ballot, the Conciliation Act, the lawsuit or the court ruling on his dismissal.
How to notify a disciplinary dismissal
When disciplinary dismissal is used to cut the employment relationship with a worker, the company must follow a certain procedure for it to be effective and in accordance with the law. Thus, a series of formal requirements must be met.
The disciplinary dismissal must be notified in writing. In this document, the company or the worker must explain in a clear and detailed way the facts or acts of the worker that motivate his dismissal. If the dismissed worker is a representative of the workers or a member of a union, there are additional requirements.
For example, if the company is aware that the worker is affiliated with a union, it must communicate the dismissal to the representative of the corresponding union section with a recommended minimum notice of 24 hours. Failure to comply with these obligations may void the disciplinary dismissal, which would become unfair. In this situation, the worker would recover, among others, the right to severance pay.
