The severance compensation in question

Abstract

This study examines the differentiated legal grounds for compensation and consequences of fair, unfair, and void dismissals under current Spanish labor regulations. Based on these legal bases, it analyzes the impact of the decision of the European Committee of Social Rights (ECSR) against Spain for breach of Article 24 of the European Social Charter (ESC), which places assessed compensation for unfair dismissal at issue, both in a judicial review of conventionality and in a possible legislative reform. I develop legal arguments that conclude with the lack of direct application of Article 24 of the ESSC and the judicial impossibility of establishing additional compensation for unfair dismissals, even more so after the Supreme Court ruling of December 19, 2024, which clarifies the scope of the conventionality review. I develop legal arguments that conclude with the absence of binding force of the ECSR decision on unfair dismissals. The study concludes, on a political level, with various options for reforming unfair and invalid dismissal in this context.