Juan Manuel Lorente, a labor law expert in Spain, has issued a warning regarding a common but legally risky practice where employers verbally instruct employees not to come to work without providing official dismissal documentation. According to Lorente, if an employer tells a worker not to report to work tomorrow but fails to provide a dismissal letter or deregister the employee from Social Security, the worker must continue attending their workplace. [1]
Lorente explains that some companies exploit employees' lack of knowledge of current regulations to dismiss staff with minimal consequences. In one scenario, an employer orders an employee to stay away, implying a termination, but delays sending the formal dismissal document by several days to the worker's home. This creates a complex legal situation where the employer might later claim the employee abandoned their job. [1]
The expert highlights that if the employer subsequently claims the worker was fired for failing to attend work, it could be classified as a disciplinary dismissal, which carries no severance pay. Furthermore, missing work for three consecutive days can also cause issues with the Public Employment Service (SEPE) when attempting to claim unemployment benefits, potentially resulting in a total loss of rights. [1]
To protect themselves and ensure they receive appropriate compensation, workers facing such unofficial suspensions should continue to show up for work until they receive the official dismissal letter. By maintaining attendance, the worker prevents the employer from using absenteeism as grounds for a disciplinary firing and avoids losing their right to severance indemnities. [1]
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