How to communicate a legally valid dismissal

Informing an employee of his or her dismissal is no simple task, but if it is done incorrectly, it can generate legal problems for the company. For this reason, it is essential to understand how to communicate a dismissal in a legal manner, ensuring regulatory compliance and respecting the rights of the employee.

The communication of a dismissal must comply with the established legal requirements in order to be valid. If this is not done properly, the company could face the obligation to learn how to notify an unfair or even null dismissal, which could also result in serious legal repercussions. Mainly, in response to how to notify a dismissal in a legal manner, Article 53 of the Workers’ Statute states that the dismissal must be reported in writing.

Among the documentation to be provided at the time of communicating a dismissal in person or by certified notice, we find:

• The letter of dismissal. It will detail the reasons for the dismissal, the effective date and any corresponding compensation or severance.
• Settlement calculation. Includes uncollected days worked, pending vacation, severance pay, if applicable, and other accruals.
• Additional supporting documents. In specific cases, such as disciplinary dismissals, it is essential to attach documentary evidence of the offenses committed.

→ Find out!The burofax as judicial evidence.

If you want to be clear about how to communicate a dismissal to an employee, take into account these tips:

• Choose a private place or a secure means of communication. Confidentiality is key, so choose a quiet and reserved space or, if you are going to communicate telematically, do so through the certified electronic notification service of the MailComms Group is a very good option.
• Be clear and direct. Both in person and in writing, state the reasons for dismissal in respectful but straightforward language.
• Empathy and respect. Acknowledges the worker’s achievements and avoids derogatory comments.
• Availability for questions. Clarifies doubts about the liquidation, settlement or the steps to follow.

When we talk about how to report a dismissal, as far as means are concerned, the most common ones are usually the conversation in person, or communicating the dismissal by burofax or email. → You might be interested in:. How to send a certified email and what are the benefits of using it for companies? Communication in person is the most humane and allows to resolve doubts immediately, although it requires care in its execution. The online burofax guarantees legal validity and is ideal for sensitive cases or absent workers. The email would only be valid if the receipt of the notification is assured. Therefore, an online letter of dismissal should not be sent by traditional email.

Yes, communication of dismissal by email is legal, but with conditions:

• It can be demonstrated that the worker has received it.
• There is verification of the recipient’s identity.
• It avoids the alteration of documents.
• The e-mail contains the letter of termination with all the required legal elements.

For this purpose, it is necessary to have a certified certified email like the one we offer at MailComms Group.

A simple example of a letter of notice of dismissal could be the following: (Company name)
(Address)
(City, Date) Mr./Mrs. (Employee’s name)
(Employee’s address) Dear (Employee’s name): We hereby inform you that, as of (effective date), your employment relationship with (company name) is terminated, based on (reason for dismissal. For example, economic, technical, production, disciplinary reasons…). This decision is made in accordance with the provisions of article (relevant article of the Workers’ Statute. For example, Article 54.2 in the case of disciplinary reasons), after a detailed analysis of the situation. You are informed that the corresponding settlement, which includes (detail items such as outstanding wages, compensation, etc.), will be available for your review and signature. You can pick it up at (place) as of (date) (in case it is sent telematically, this document will be attached). We remain at your disposal for any clarification in this regard. Sincerely, (Signature of the legal representative of the company)
(Name and position)

When it comes to communicating a dismissal, there are five common mistakes:

1. Failure to adequately explain the reasons for dismissal (may give rise to claims for unfair dismissal). In this case, we recommend you to read our article about the Burofax model for claims.
2. Incorrect or incomplete data in the letter of dismissal.
3. Use non-formal channels such as text messages or phone calls.
4. Failure to deliver the severance payment on time.
5. Poor emotional management, which can impact the company’s reputation.

Knowing how to communicate a dismissal properly is not only a legal obligation, but also an ethical responsibility. Proper management reduces legal risks and protects the company’s image, in addition to guaranteeing fair treatment for the employee. If it is not possible to do it in person, online platforms should be used to guarantee the legal validity of the communications, such as CertySign from MailComms Group for the certification and signing of communications and transactions.

The communication must be made by means of a formal document delivered in person, by burofax or by certified email. It is essential that the document details the reasons, the effective date and the corresponding settlement.

If a dismissal is declared unfair, the acknowledgment of unfairness, as well as the corresponding compensation, must be communicated either in person or by other means with proof of electronic delivery.

It is possible to send the dismissal letter by email, but it is essential to prove that the employee received it. Therefore, the email must be certified.

The notice of termination must include:

• Company and employee data.
• Date of the communication and of the effects of the dismissal.
• Reasons for dismissal.
• Details of the liquidation and settlement.
• Signature of the legal representative of the company.

When responding to how to communicate a dismissal, the most effective practices are to develop a clear and respectful message, choose the right time and medium, provide all the necessary documentation and provide a channel for resolving doubts.

The employee has 20 working days from the effective date of the dismissal to appeal.