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José M.
José M., Attorney
Category: Spain Law
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Experience:  Spanish Attorney
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Job security. If I am fired from my current position am I still

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Job security. If I am fired from my current position am I still entitled to my finicito and my paro?

Attorney3044 :

Hi

Attorney3044 :

I am an spanish attorney

Attorney3044 :

Only you have paro if you are fired

Customer:

Hello

Attorney3044 :

If you ask for the finiquito and leave the job voluntary you will have no right to paro

Customer:

One moment. Please let me know what conditions are required in order to get my finiquito and the paro.

Attorney3044 :

If your labour contract ends and you do not want to sign another one you have the right to paro

Attorney3044 :

Has you been fired ?

Customer:

I am currently employed with an indefinite contract.

Attorney3044 :

Ok

Attorney3044 :

In order to get paro you must be fired

Attorney3044 :

You could make an arregement with your employer in order to be fired and get paro

Customer:

My understanding is that there are two ways to be fired. Correct? One is if the company asks me to leave and the other is if I am fired because they are unhappy with my work?

Attorney3044 :

No, its just the same way

Attorney3044 :

Once they want to broke the contract with you they have 2 ways

Attorney3044 :

Or to fire you because they are unhappy with you and they do not pay anything but you could demand in labour court

Attorney3044 :

If they use the second way they have to probe you are a bad worker, lazy, or whatever

Customer:

They can use procedente or improcedente?

Attorney3044 :

Yes

Customer:

Does that not affect the amount of finiquito or paro?

Attorney3044 :

Once they want to broke the contract with you they have 2 ways

Attorney3044 :

Procedente its when they are right and have reasons to fire you

Attorney3044 :

Of course it affects

Attorney3044 :

Procedente you do not got an indemnization ( Only finiquito )

Attorney3044 :

Improcedente you got your finiquito plus an indemnization

Attorney3044 :

The indemnization for improcedente its 45/33 days per year

Customer:

Ok, one moment. Please confirm, if I am fired (procedente) I get the finiquito and paro.If I am fired (improcedente) I get the finiquito, paro and an indemnization. IS this correct?

Attorney3044 :

Yes

Attorney3044 :

BUT you lose the indemnitation

Attorney3044 :

Tou have got right to paro in all cases when you are fired

Customer:

Please let me be clear. The "finiquito" is not the same as the "indemnization" you are refferring to?

Attorney3044 :

Finiquito its the money the employer has to pay you because its your

Attorney3044 :

No its not

Attorney3044 :

Last nomina ( Wave) extraordinary hours, holydays and so on

Attorney3044 :

It is finiquito, Its yours

Attorney3044 :

BUT when you are fired you have right to indemnization unless the emplyeer probes the reason to fire you because you are a bad worker

Customer:

Okay, So (1) I am entitled to the paro if I get fired.

Attorney3044 :

Sure In all cases

Customer:

(2) If I am fired (procedente) I am entitled to the finiquito AND an indemnization.

Attorney3044 :

Sure In all cases

Attorney3044 :

But if you no agree with the reason in improcedente you could demand in labour court

Customer:

I understand. 1,2 and 3 are true, yes?

Attorney3044 :

1 and 3 yes

Attorney3044 :

Where its 3 ?

Attorney3044 :

1 and 2 yes

Attorney3044 :

You have right to paro in all cases you are fired

Customer:

Okay (1) is clear.

Attorney3044 :

In orde to get paro and indemnization the fire has to be improcedente

Attorney3044 :

You do not have indemnitation if the fire its procedente

Attorney3044 :

1 clear perfect

Attorney3044 :

You do not have indemnitation if the fire its procedente

Attorney3044 :

2 Procedente You NOT have right to indemnitation You have finiquito

Attorney3044 :

3 Imorocedente Finiquito + indemnitation

Customer:

This is the first time I hear that "finiquito" is different from "indemnization". I will research the difference. Can you suggest where I can find the difference? I do not wish to take too much of your time.

Attorney3044 :

Well Sir. I have to clarify

Attorney3044 :

You have to difference 2 parts

Attorney3044 :

Once I call finiquito its the sum from your rights. Its yours fired or leaving by your self

Attorney3044 :

The other one its indemnitation. You only has the right if the employer has no right to fired you

Attorney3044 :

So. When you are fired you have 2 sums. Finiquito ( Its yours by your right ) and the indemnization wich its your because th employeers wants to fired you

Attorney3044 :

Its very commun to think about finiquito with the indemnitation but its not the same

Customer:

I understand.

Attorney3044 :

Always you leave a job you have right to finiquito, not always indemnitation

Attorney3044 :

I gently ask a good rate of my service if you got it clear now

Customer:

Excellent Service. Thank you very much.

Attorney3044 :

Thank you

Attorney3044 :

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