I have just been sacked and need some advice.

[cath.wilson]

I need some advice please.
I have spent the last 4 weeks on the sick. I went to the doctor last monday and gave me the all clear to go back to work. I called my boss and he said he wants a meeting with me. At the meeting he told me I am sacked. Although he would still keep me in work but without a contract and pay me 150 euros a month. He also said I can claim dole for 4 months at 271 euros a month. I have told him I will not work without a contract and for that little amount of money.
I have since been told that if he sacks me he sould pay me a certain amount of money for every month I have worked for him. I was with the company for just over a year. What I need to know is if this is true and how much he should pay me. Although I signed a contract, He never gave me a copy and I do not know how many hours the contract is for.
I would be so greatful if anyone can give me some advice.
Thankk you.

[doreen]

Sorry to hear this Cath - particularly after your spider reaction being the reason you were out sick. I am no expert, but it sounds as if you were on a 30 hr contract .. and it should be an indefinido, if you have been there more than one year. Yes, you should receive a payment based on the length of time working there and your full holiday pay if you have not taken holidays. I gather you were working in the hotel industy - they have fairly strict convenios (agreements) ... is there a union rep. you can talk to ? Ask your boss for a copy of all your contracts (should be 3 by now - 2 x 6 months and a new indefinido ... or perhaps you went sick before the end of 12 months ?), and your proposed finiquito papers saying you are going to take advice (not a good idea to sign anything in the meantime, until you know your rights)

[atlantico]

I've heard often that its not uncommon for employers to SAY you have a contract, but not actually submit one, hence why many don't give employees a copy or keep delaying issuing one !

I think there's a way that an employee can find out if there is a legal contract in place, someone else may elaborate on this. If so, every employee should do so

In the UK, many employers say that you have a contract and are paying your taxes, but unless they register with the HMRC PAYE scheme, then its illegal employment, so I assume that happens a lot in other countries too !

If you find out this is the case, then the employer has acted illegally and can be prosecuted - worth finding out and mentioning this to the employer, as long as you can find PROOF that you worked for them, that is !

[doreen]

The boss seems to know how much paro Cath would be due, and you can only claim paro when you have worked for one year ...so some sort of contract probably does exist

[TenerifeTeddy]

IMO I would tell your boss that you want the full amount you are entitled to with proof, or that you will report him to a work inspector.

The fines have just been raised to a minimum of €3000 + for employing people illegally, so I would think he would be sensible an pay you off properly.

[judetenerife]

if you are sacked for any reason, the cmpany is required to give you the equivlant of yr p45. the "finiquitos" are finishing papers and will state the amount they are paying you to be sacked. this is worked out on length of contract, holiday taken, nomina etc. DONT sign the finiquitos papers until you have seen a employment lawyer for him to check they are correct. more often than not the employer tries to under pay. the amounts can be quite substantial. a copy of yr contract will be filed with the companies gestor and if you visit their offices they are legally obligued to supply you a signed copy. Mr Yanes is the employment lawyer in los cris which is most frequently used by us expats and i can personally recommend him. not sure how yr employer can "work out" yr dole money as far as i am aware dole payments are not just based on yr last job but are an average of yr social security payments for all jobs of the years with a maximum amount and time period

[Tenerife Blade]

I know this is an old thread, but surely if you are sacked, it's because you have done something you shouldn't have. I presume in this instance we are talking here about not renewing someones contract, or making them redundant.

I wasn't aware someone can claim paro if they have been sacked?

[chifleta]

I know this is an old thread, but surely if you are sacked, it's because you have done something you shouldn't have. I presume in this instance we are talking here about not renewing someones contract, or making them redundant.

I wasn't aware someone can claim paro if they have been sacked?

actually the laws regarding not being able to claim paro/dole if you've been sacked have changed... you can claim dole, even if the unfair dismissal is going to court to be contested by the employee ....

[Suzanne]

go to the social security office in los cristianos and ask for a Vida Laboral, this will give you your full work history.

[Goldenmaniac]

go to the social security office in los cristianos and ask for a Vida Laboral, this will give you your full work history. You can not get the vida laboral like that any more - you either have to be registered with your mobile number and then use their computers to print it off or order it on-line to be sent to you - but your address has to be spot on

[Suzanne]

thanks for this information, I cant keep up with the changes!!!!!!!

[chifleta]

You can not get the vida laboral like that any more - you either have to be registered with your mobile number and then use their computers to print it off or order it on-line to be sent to you - but your address has to be spot on

my hubby did his a couple of months ago by phone, he spoke to the robot, gave his info and a 3 days later it arrived in the post... you'd need to speak too Spanish though :)