Prior Hearing as a Requirement in Dismissals: Key to Avoiding Legal Risks

In a significant twist for the Spanish labor field, the Supreme Court has established in its Ruling 1250/2024, of November 13, that any disciplinary dismissal must guarantee the worker the right to defend himself before the decision becomes effective. This new requirement, based on Article 7 of ILO Convention 158, marks a turning point in the management of dismissals and poses new legal challenges for companies.

Without proper implementation, failure to comply with this requirement may result in a declaration of unfairness or nullity of the dismissal, exposing organizations to financial penalties and legal complications.

The New Legal Obligation: Prior Hearing in Disciplinary Dismissals

The Supreme Court has recognized that Article 7 of ILO Convention 158 is directly applicable, without the need for additional regulatory development. This means that, prior to a disciplinary dismissal, companies must guarantee a procedure that allows the worker to defend himself against the accusations made.

The most common options that could meet this new requirement include:

1. Opening of a contradictory file.
2. Prior hearing with formal communication of the charges.
3. Chargesheet or internal systems that allow the employee to refute the allegations.

This new doctrine is similar to what already happens in cases of dismissal of legal representatives of workers or union members.

The Risk of Not Complying with the New Requirement

For companies that do not adopt these measures, the legal landscape becomes more complicated:

1. Lost labor lawsuits: The absence of a prior hearing could lead to disciplinary dismissals being declared unfair or null and void, increasing costs for organizations.
2. Increasing litigiousness: This change increases the likelihood of legal disputes if employees feel their rights have been violated.
3. Lack of preparation: Without clear protocols, companies can make mistakes that expose them to significant legal risks.

How to Prepare Your Company to Comply with the New Doctrine

To minimize the risk of disputes and litigation, companies must act proactively:

1. Design a pre-hearing procedure: Establish formal protocols for communicating charges and allowing the worker’s defense.
2. Train the human resources team: Ensure that those responsible for labor management are aware of the new requirements and know how to implement them correctly.

Conclusion

The recent Supreme Court ruling marks a new stage in the management of dismissals in Spain. Adopting prior hearing protocols is not only a legal requirement, but also an opportunity to strengthen labor management practices, reduce risks and ensure fair processes.

Is your company ready to implement these changes? At Cigarrán Abogados, we advise you on the correct implementation of this new requirement in disciplinary dismissals.

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