- Proper dismissal: is based on the serious and culpable breach of the worker due to indiscipline, transgression of contractual good faith, or continuous and voluntary decrease in normal or agreed performance; the company must have proof of the facts, and in the event that it goes ahead, it must compensate the affected person with compensation of 20 days of salary per year worked.
- Unfair disciplinary dismissal: It occurs in cases in which the employer does not duly justify the reasons for the termination in accordance with the Law; in this case, the company can carry out this dismissal of the worker unilaterally, and for this reason the legislation provides for compensation of 33 days of salary per year worked.
- The courts may declare a disciplinary dismissal valid or invalid, if they consider that it has occurred due to discrimination, and not for work reasons, or also if the fundamental rights and freedoms of the worker have been violated in order to obtain the evidence that justifies this termination. In this case, the company is obliged to immediately rehire the professional, and pay him all the salaries that he has not received during this time.
It must be taken into account that in law, there is a maxim that says that “ignorance of the Law does not exempt from its compliance”, for this reason it is important that all parties have knowledge of the legislative system in which they are, in this case the Spanish one, in order to always act in accordance with what the Law stipulates.