Verbal dismissal. Is it legal? How to proceed if you do not receive written notification

‘I don't have a letter of dismissal, but I've been discharged from the social security system’. It may seem surprising, but there are many workers who find themselves in this situation and who wonder whether companies, in certain circumstances, have the right to undertake verbal dismissals.

What is a verbal dismissal?

A verbal dismissal occurs when the employer informs one of his employees that he is going to terminate (or has already terminated) unilaterally the employment contract by which they are bound through oral words. In other words, there is no written information document to record the fact and serve as notice to the employee.

Is verbal dismissal legal?

According to the above, verbal dismissal is a dismissal without a letter of dismissal. And this, as specified in the first and fourth paragraph of Article 55 of the Workers' Statute, is illegal.

All employers are obliged to communicate the dismissal of their employees by means of a letter specifying the reasons for the decision and the date from which the termination of the contract will take effect. Unless it is a disciplinary dismissal, in which case it can take effect immediately, the letter of dismissal also serves as a notice of dismissal, which must be given 15 days or more in advance.

This document is important for both parties. On the one hand, the employee, in case of contesting the dismissal, will be able to prepare his or her defence based on the grounds specified by the company. On the other hand, the employer will have the possibility to collect the necessary evidence to justify his decision before the judge.

So, what are the consequences of a verbal dismissal without a letter of dismissal?

Generally, verbal dismissal is ‘good news’ for the worker, since the company does not follow the established legal course to terminate the employment relationship and, when the time comes, the judge will declare it unfair or null and void with total certainty, depending on whether the employer has violated fundamental rights or not.

This will imply the payment of a compensation of 33 days of salary per year worked with a maximum of 24 monthly payments or, failing that, the reinstatement to the job and the payment of the processing wages.

What should an employee do if he/she is verbally dismissed without a letter of dismissal?

Continue to go to work, at least until the employer discharges you from the Social Security system. The reason? If you do not do so and continue to be registered, the employer could claim that it is a voluntary leave of absence or justify the dismissal for absenteeism, so it is better not to take any chances.

On the other hand, it is not a bad idea for the employee to urge the employer to give him/her the letter of dismissal. For this purpose, it is ideal to opt for the burofax, as it is a means of communication that ensures receipt by the company. If the business still does not provide the letter of dismissal, the only thing left to do is to go to court.

Remember that you have 20 working days from the communication of the verbal dismissal to present the administrative conciliation paper and begin the process of challenging the dismissal. You also have 15 working days to apply for unemployment.

In addition, the employer cannot refuse to pay you your severance pay, which is made up of the days' salary for the current month, the holidays that you have not taken and the proportional parts of the special payments that you are entitled to.

Have you been verbally dismissed?

As you will have been able to see, the Workers' Statute requires written notice of dismissal, so verbal dismissal, although it may terminate the employment relationship, will always be declared unfair or null and void. So, if the company you worked for has not provided you with this document and has dismissed you from the Social Security, do not hesitate. Contact us and let one of our lawyers specialised in labour law guide you.