Artificial intelligence can reshape business structures, automate tasks and make certain roles redundant. However, AI does not, by itself, justify an objective dismissal in Spain. Companies must prove a lawful ground, document the real impact on the position and comply with employment guarantees.
The High Court of Catalonia has increased the compensation for unfair dismissal to 48 days’ salary per year of service, with a maximum of 36 monthly payments. This decision goes against the indemnification established by law.
In Spain, a company that decides to dismiss a worker for justifiable objective reasons must follow the procedure established in Art. 53 of the Worker´s Statute. Failure to comply with the requirements established may be considered an unfair dismissal.
One of the factors to bear in mind when calculating the compensation for unfair dismissal in Spain is the seniority of the worker within the company. For contracts signed after 12 February 2012, the compensation is 33 days’ worth of salary for each year worked. For contracts entered before this date, the compensation is calculated in two instalments.
The passing of the new 22/2013 Act of December 23 of the State Budget for 2014 has negated Article 33.8 of the Spanish Workers’ Statute. Article 33.8 provided compensation by …
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