Constructive Dismissal

Information and questions about the Law in Spain and Andalucia.
Nimrod
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Constructive Dismissal

Postby Nimrod » Tue Oct 06, 2009 10:12 am

A friend of mine,employed by a community ,has had his conditions of employment altered,ie they want to pay him less for the same number of hours worked.
He has a contract and works about 25 hours a week.
Before he throws the towel in does he have a case for consructive dismissal like he would have in the UK?
many thanks.

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DavidSearl
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Re: Constructive Dismissal

Postby DavidSearl » Tue Oct 06, 2009 11:01 am

FROM DAVID SEARL

FOR NIMROD

As you describe the situation, yes, he has a case. If a worker has a contract and the employer unilaterally decides to alter the conditions of the contract, the worker can go to court against the employer. The worker may wish to consult a "graduado social" who is a labour expert or go to the Trades Union, the CCOO or the UGT for help.

Good luck with it, David Searl
You and the Law in Spain

Nimrod
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Re: Constructive Dismissal

Postby Nimrod » Tue Oct 06, 2009 11:10 am

Thank you for your very swift reply David.
Much appreciated,I'll let my friend know. :D

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DavidSearl
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Re: Constructive Dismissal

Postby DavidSearl » Tue Oct 06, 2009 11:20 am

FROM DAVID SEARL

FOR NIMROD

This must be a record swift reply. Just by pure chance, I assure you.

Good luck, David Searl
You and the Law in Spain

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Colinm
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Re: Constructive Dismissal

Postby Colinm » Tue Oct 06, 2009 11:40 am

How long is the contract period? Is it only an annual contract? If so, then I think the terms could be changed in a (re-)newal of the contract.

Its happening very much in the business world at the moment where people have to take reductions in their salaries etc. at contract renewal.

Having said that, it is normally done by discussion and mutual agreement and not just a unilateral decision.
ádh mór ort agus sláinte.....
(Good luck and good health)!


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