UNFAIR DISMISSAL PLEASE HELP!! To sign or not to sign??
Posted: 29 June 2012 09:36 PM  
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Ok so I am currently working in a privarte playschool in Arturo Soria, Madrid.

My boss has announced that after july when the school year finishes she will be closing the school due to lack of funds. I have a contract until the end of July.

She told me last friday {1 weeks notice} that I am not able to work the month of July as she cant pay me so I have to finish my last day today June 29th.

  Now today I asked her if she could pay me and she told me that she wont pay me until tomorrow {saturday} when her accountant is coming from Barcelona to talk to the 4 of us who no longer can work about our contracts and our rights {which I think will be totally biased}
So she said she wont pay me until I sign the papers, {what papers!?!} Its either the paper to say I voluntary leave or the paper to say she is firing me but I dont expect infinicito {like extra pay to get fired} well I dont want to sign either of these papers because this is unfair dismissal and I prefer to stand up for my rights, but what I would like to know is.. What are my rights here in Spain in this case?????

She cant blackmail me into signing this form. What can I do?? :(:(

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Posted: 29 June 2012 09:46 PM  
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did you have a work contract , many want to get some leagl help and do it fast .... our court system here is so bad you many be long time waitting to have you case heard here
jurdy

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Posted: 29 June 2012 09:55 PM  
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JC:

As quickly as possible locate a “graduado social” (an expert in employment legislation) and take your contract to him/her and explain the situation. 

You have a contract until the end of July so essentially you would be entitled to your wages for July.  However, unless the contract stipulates renewal (a clause stating that you would be entitled to employment for a further year), that’s the end of the story.

If the school is closing because there are no funds to continue running it, then there is not much more to be said.  How can you be fired if your contract ends in July anyway?

If you google “graduado social” and Madrid, a list will come up and you can choose one near you.

Patricia

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Posted: 29 June 2012 10:01 PM  
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Thank you!

I have to go to the school tomorrow at 11 to sign whatever she wants to throw at me. I read online that its called collective dismissal as shes claiming lack of funds meaning she has to pay me indemnity by law of 22 working days, which I know she wants me to sign to say dont worry about paying me that… So I dont know what to do because I wont be able to go to the graduado social before tomorrow?!

My contract is tiempo completo from 1/09/2011 until 31/07/2012…............So shes firing me a month before my times up??

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Posted: 29 June 2012 10:06 PM  
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Campana thanks for that , not that up on contract work ....

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Posted: 29 June 2012 10:45 PM  
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JC:

You don’t have to be there until 11 a.m. tomorrow.  Get to the graduado social before that. 

Here are the yellow pages with list of graduados sociales. 
Some may even have a mobile number and in any event I expect they open at 9 a.m.

Patricia

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Posted: 29 June 2012 10:57 PM  
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Hi campana thanks for your help.

What exactly is a graduado social, are they free?

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Posted: 29 June 2012 11:19 PM  
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JC:

As mentioned above, a graduado social is an expert in employment legislation and relevant matters.  S/he is a professional.  And no, their services are not free, no more than any other professional is free.  I am surprised you ask…...

You will probably be charged a consultation fee, and if furtehr work is to be done on your behalf thereafter you will be charged accordingly.

Patricia

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Posted: 14 July 2012 06:02 AM  
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Sorry to hear of your situation.
I was ‘forced to leave’ a job when relationships between myself and a new manager went pear shaped. The big boss decided to keep the new manager, and wanted me to sign to leave… (even though I had been a hard working/loyal employee for 6yrs and this new manager had just arrived!)...
I only signed the ‘Finijito’ once I had the bankers draft in my hand of all wages, unused holiday pay, plus compensation in my hand.
I also made them write a letter of redundancy rather than me resigning so I could sign on with NMIE. 

(I did go and consult an employment lawyer as I felt I had been badly treated, but I had to weigh up the ‘costs’ (mostly emotionally in my case). She said she would have got me around 10,000 euros in compensation and only wanted 10% of this (which I have been told is a reasonable amount for this kind of service), but I negotiated on my own as I just wanted a quick end to the matter. (I got about 50% of what she said she would have got.)  But I was glad to be away from these people!

Hope you sort it out…

ps - My contract was ‘Fijo’, so they had to pay me something if I was being made redundant….

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