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Depends a bit on specific laws for every country, but you usually have to go trough proper process and announcement, and follow special rules if you're firing a
by tecleandor 3y ago
Depends a bit on specific laws for every country, but you usually have to go trough proper process and announcement, and follow special rules if you're firing a big quantity of employees. Musk skipped that in the massive Twitter layoffs and it bit him in the back (for example, when firing the whole Spanish staff [0]).
Simplified a lot, and in general conditions, on Spain:
- You have to announce it at least 15 days before ( unless it's a disciplinary dismissal ) or pay for those 15 days of salary
- Pay for any unused vacation days and pending salaries
- An "objective reason" is needed for the firing [1]
- If there's no proper "objective reason", you have to reinstate the worker or pay 33 days of salary per year worked by the user [2]
- If the layoffs involve certain number or percentage of the workers, you have to go through certain legal process and get government authorization [3]
Twitter didn't go through the process in Spain, to avoid paying the stocm options that were going to vest very soon, but then the firings were declared illegal and they had to pay proper severance and for the stock options too... [4]
0: (EN) https://www.theolivepress.es/spain-news/2022/11/10/elon-musks-email-late-on-friday-to-sack-his-spanish-workforce-declared-null-and-void-by-unions/
1: (ES) https://www.laboralix.com/despido-objetivo/
2: (ES) https://www.laboralix.com/despido-improcedente/
3: (ES) https://www.laboralix.com/despido-colectivo/
4: (ES) https://www.elconfidencial.com/tecnologia/2023-01-24/twitter-confirma-el-despido-del-80-de-su-plantilla-en-espana_3563189/