How can I get dismissed with compensation?

You have been with your company for several years, but recently your responsibilities have been reduced and you feel increasingly isolated. The atmosphere is hostile, and you constantly receive negative comments from your boss and colleagues. You want to leave, but you fear that if you are not dismissed, you will not be able to claim compensation. This situation is more common than you think, and there is a solution. In this article, we will explain how to get dismissed and claim compensation legally.

But first of all, you should know that:

If you leave the company voluntarily and without any breach of contract on the part of the employer, you will not be entitled to compensation or unemployment benefits.

There is also an important risk that you should avoid:

If you act in bad faith to provoke dismissal, you could be subject to disciplinary dismissal and, in that case, you would not receive any compensation.

How can I get fired from my job and receive severance pay?

The Workers' Statute establishes that an employment contract can be terminated at the worker's request, based on a breach of contract by the employer.

These are the cases in which you can get fired and receive severance pay:

I want to be dismissed because I am being transferred to a different workplace

Imagine the following scenario: you are working for a company based in Madrid, and the company decides to move its headquarters to Bilbao. This means you would have to change your place of residence, and you do not want to move, so you would rather leave the company.

This is a case of geographical mobility, regulated by the Workers' Statute, which means that you have to change your place of residence and in which you will have the right to choose between:

• Being transferred and receiving compensation for expenses.
• Terminating your contract and receiving compensation of 20 days' salary per year of service.

Judges and courts have analysed cases of this type and have established a series of criteria for them to be considered within the scope of the Workers' Statute:

• The distance between your home and the new workplace.
• The transport links between your home and the new workplace.
• The type of working hours you have.

How to get fired from my job due to a change in working hours

This case is what is known as ‘substantial modifications to working conditions’. Substantial modifications are significant changes that affect elements such as:

• Working hours
• Schedule and distribution of working time
• Shift work system
• Remuneration system and salary amount
• Work and performance system
• Duties

In this case, you will also have the right to terminate your employment contract and receive compensation of 20 days' salary per year of service.

Is it possible to provoke dismissal if the company does not pay me?

The Workers' Statute regulates a series of cases in which the worker can request the termination of the employment contract due to a series of breaches by the employer:

• Substantial changes in working conditions that do not comply with the law and are detrimental to the dignity of the employee.
• Non-payment or continued delays in the payment of the agreed salary.
• Any serious breach by the employer. This includes workplace harassment, for example.

In all these cases, you will receive the same compensation as if it were an unfair dismissal, therefore:

• 45 days' salary per year worked until 12 February 2012, with a limit of 42 monthly payments.
• 33 days' salary per year worked since that date, with a limit of 24 monthly payments.

What steps do I need to take to force a dismissal and receive compensation?

If you are in any of the above situations, you will need to follow several steps:

• Gather all the documentation you have about your case: employment contract, communications and any other information that may be relevant.
• Seek advice from a labour lawyer who can analyse your case and the chances of obtaining compensation from the company.
• Submit a conciliation ballot or conciliation claim to the Mediation, Arbitration and Conciliation Service (SMAC).
• If no agreement is reached in the conciliation, you will need to file a claim with the labour courts requesting the termination of the employment contract. The ruling may be appealed to the High Court of Justice.

If you ultimately do not win the case, your employment relationship will continue as before.

How can I get fired without facing reprisals?

It is quite common for workers to be afraid to initiate this type of procedure due to possible reprisals from the company.

The law protects workers, provided that there are legal grounds for terminating the employment contract, with the so-called ‘principle of indemnity’, which means that the company cannot take reprisals against you for taking legal action.

However, if you provoke dismissal in bad faith, as we have seen above, you could be dismissed on disciplinary grounds.

Are there other options for getting dismissed?

There is another option, which is not dismissal, and consists of reaching an agreement with the employer to terminate the employment contract and receive compensation, which will probably be lower than what you would receive in the event of unfair dismissal or breach of contract by the employer.

Another alternative, which is also not dismissal, is to request a leave of absence. In this case, as with voluntary resignation, you will not receive compensation or unemployment benefits.

As we have seen, getting dismissed is not automatic and there must be legal grounds for leaving the company. It is important to seek the help of a labour lawyer who can analyse your case and advise you on the options available so that you can leave the company in accordance with the law.