Since November 2024, the company must open a contradictory file with a transfer to the worker for allegations before proceeding with the dismissal.
We briefly explain the steps to be followed by the company and what the worker can do.
1. Process to be followed by the company NOW (2026)
A. Disciplinary dismissal (Articles 54-55 of the Workers' Statute) – the most common when there is a ‘file with allegations’
This is for serious and culpable breach by the employee (repeated offences, indiscipline, harassment, theft, etc.).
Mandatory steps (in this order):
Preliminary hearing/contradictory proceedings:
The company sends a written statement of charges detailing the alleged facts (by registered fax or delivery with acknowledgement of receipt).
It grants a reasonable period of time (normally 48-72 hours or up to 5 working days, depending on the seriousness and the agreement) for the employee to submit written allegations and propose evidence.
This can be done in writing or in a meeting (preferably documented). The employee may be accompanied.
If the employee is a legal representative (staff representative, committee) or trade union representative: a formal adversarial proceeding is opened (with an impartial investigator and secretary) and the other representatives are also heard.
If you are a union member and the company is aware of this: union representatives from that union will be given a hearing.
If the collective agreement requires further procedures or deadlines: these must be followed to the letter.
The company will assess the allegations and make a decision.
Letter of dismissal (written and delivered by hand or registered post): Detailed and specific reasons.
Effective date.
2.- Consequences of NOT opening the proceedings with a hearing phase (disciplinary dismissal)
The Supreme Court has been very clear since 2024-2025, November 2024 and subsequent cases from March-June 2025):
It is declared UNFOUNDED due to a formal defect (art. 55.4 ET + SC doctrine).
It is NOT null and void unless there is also discrimination or violation of fundamental rights (pregnancy, gender violence, etc.). The simple omission of a hearing = inadmissibility, not nullity.
3.-Exceptions
B. Objective dismissal (art. 52-53 ET)
For economic, technical, organisational, production or supervening incompetence reasons.
NO investigation or hearing phase required.
Only: written letter detailing the reasons + compensation of 20 days' salary per year