CDD regulados: Si

Remarks

Section 14 of GLL 2023 on "Duration of Employment Contracts" indicates that:
1. The Employment Contract is generally concluded for an Indefinite Period.
2. Taking into account the nature of the activity, the functions for which the worker is hired and provided that the contract aims to meet temporary needs, the Employment Contract may be concluded for a Fixed Term, under the terms set forth in this Law.
3. Unless expressly provided otherwise, all legal or conventional provisions relating to indefinite-term employment contracts apply to Fixed-Term employment contracts.
4. The conclusion of employment contracts to be valid for the entire life of the employee is prohibited.

Razones de utilización legítima de CDD: razones materiales y objetivas

Remarks

→ Section 13 (2 and 3) of GLL 2023 indicates that:
1. (...)
2. Fixed-Term employment contracts must mention the reasons for the contract, the precise indication of the date of its conclusion or the period for which it is concluded or the conditions to which its validity is subject.
3. In the absence of the references required in the previous paragraph, the Employment Contract shall be considered to be concluded for an Indefinite Period.

→ Section 15 (1) of GLL 2023 on "Causes of Fixed-Term Employment Contracts" indicates that:
1. A Fixed-Term Employment Contract may only be concluded in the following situations:
a) Replacement of a worker temporarily absent;
b) Temporary or exceptional increase in the company's normal activity resulting from an increase in tasks, excess orders, market reasons or seasonal reasons;
c) Carrying out occasional and specific tasks that are not part of the company's current activities;
d) Seasonal work;
e) When the activity to be carried out, because it is temporarily limited, does not recommend expanding the company's permanent staff;
f) Carrying out urgent work as necessary or to organize safeguarding measures for the company's facilities or equipment and other assets in order to prevent risks to the company and its workers;
g) Launching of new activities of uncertain duration, beginning of work activity, restructuring or expansion of the activities of an employer or work center;
h) In cases of unemployed individuals for more than a year, or members of other social groups covered by legal measures for insertion or reintegration into active life;
i) Execution of well-defined tasks, periodic in the employer's activity, but of a discontinuous nature;
j) Execution, management and supervision of civil construction and public works, industrial assembly and repairs and other works of the same nature and temporality;
k) Practical professional training and apprenticeship.

Número máximo de CDD consecutivos: sin restricción

Duración máxima acumulativa de CDD consecutivos: 5año(s)

Remarks

▷ Duration
Section 16 of GLL 2023 on "Duration of a Fixed-Term Employment Contract" provides that:
1. The Fixed-Term Employment Contract cannot exceed:
a) 6 months, in the situations referred to in items d) and f) of § 1 of the previous section [15];
b) 12 months, in the situations referred to in paragraphs b), c) and e) of the previous section [15];
c) 36 months, in the situations referred to in items a), j) and k) of § 1 of the previous section[15];
d) 60 months, in the situations referred to in paragraph g of § 1 of the previous section [15].
2. In the situations referred to in paragraphs a) and j) of paragraph 1 of the previous section [15], the General Labour Inspectorate may authorise the extension of the duration of the contract beyond 36 months, upon reasoned request from the employer, accompanied by a declaration of agreement from the employee, in particular if:
a) The temporarily absent worker does not return within this period;
b) The duration of civil construction work and similar activities is or becomes more than three years;
c) The legal employment policy measures for social groups referred to in paragraph h) of paragraph 1 of the previous section [15] are still in force on the date of termination of the 36-month contract.
3. The request referred to in the previous paragraph must be submitted up to 30 days before the end of the contract.
4. The extension of the duration of the contract, as referred to in paragraph 2, may not be authorised for more than 24 months.

▷ Maximum Cumulative Duration
Section 17 of GLL 2023 on "Renewal and conversion of Fixed-Term Employment Contract" indicates that:
1. A Fixed-Term employment contract in which the parties have stipulated the precise indication of the date of its conclusion or the period for which it is concluded may be successively renewed by the parties, within the limits established in paragraph 1 of the previous section [16].

▷ Under section 17 of GLL 2023, the renewals of FTCs are allowed provided that the maximum cumulative duration does not exceed the general statutory limit of 5 years.
A Fixed-Term Employment Contract becomes an Indefinite-Term Employment Contract if the maximum periods established in the previous section are exceeded (§ 17(5) of GLL 2023).

Duración maxima del periodo de prueba (en meses): 6 mes(es)

Remarks

Section 18 of GLL 2023 provides that:
1. In an "indefinite term employment Contract", there may be a trial period corresponding to the first 60 days of employment, which may be eliminated or reduced by written agreement between the parties.
2. The parties may, in writing, increase the duration of the probationary period up to 120 days and up to 180 days in the case of workers who perform management functions.
3. A trial period may be established in a Fixed-Term employment contract, if the parties so agree in writing, the duration of which must not exceed 30 days.
4. During the trial period, either party may terminate the employment contract, without the obligation to provide prior notice, compensation or present justification, and the employer must pay the contractually agreed remuneration.
5. Once the trial period has elapsed without either party making use of the provisions of the previous paragraph, the Employment Contract shall be consolidated, with seniority counting from the date it comes into force.

Excluded from protection against dismissal:

Remarks

→ Section 18 (4) of GLL 2023 indicates that: During the trial period, either party may terminate the Employment Contract, without the obligation to provide prior notice, Indemnity or present justification, and the employer must pay the contractually agreed remuneration.

Obligación de motivar el despido: Si

Motivos autorizados (despido justificado):

Remarks

Motivos prohibidos: estado civil, embarazo, raza, color, sexo, religión, opinion política, origen social, nacionalidad, afiliación sindical y actividades sindicales, cumplimiento del servicio militar o civil, lengua, otros, origen étnico

Remarks

▷ Prohibitions of dismissal
→ Section 283 (1) of GLL 2023 (Special protection against dismissal)
1. The following are subject to special protection against dismissal:
a) Workers who exercise or have exercised the functions of a union leader, a union delegate or a member of a workers' representative body in the legal exercise of union activity during the period of two years;
b) Women covered by the maternity protection regime;
c) Ex-combatants as defined by current legislation;
d) Minors;
e) Workers with reduced capacity with a degree of incapacity equal to or greater than 20%.

▷ General provisions
→ Section 19 of GLL 2023 provides for the "nullity of the employment contract and contractual clauses", which includes clauses that contain discrimination against workers based on age, employment, professional career, wages, duration and other working conditions, due to race, colour, sex, citizenship, ethnic origin, marital status, social condition, religious or sexual ideas, union membership, family ties with other workers in the company and language.

Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores, mujeres embarazadas o con licencia de maternidad, trabajadores con discapacidad, veteranos de guerra, menores

Remarks

▷ Maternity
→ Section 35 of GLL 2023 on "protection against dismissal for objective reasons" provides that: During pregnancy and up to 12 months after childbirth, the worker enjoys the special regime of protection against individual dismissal for objective reasons in accordance with the provisions established for workers with reduced capacity.

▷ Special protection
Section 283 (1) of GLL 2023 provides for "special protection against dismissal" indicating that: The following are subject to special protection against dismissal:
a) Workers who exercise or have exercised the functions of union leader, union delegate or member of a workers' representative body in the legal exercise of union activity during the period of two years;
b) Women covered by the maternity protection regime;
c) Ex-combatants as defined by current legislation;
d) Minors;
e) Workers with reduced capacity with a degree of incapacity equal to or greater than 20%.

▻ Note: Any disciplinary dismissal of the above-mentioned workers (except for trade union leaders, trade union delegates or worker's representatives) is subject to the authorization of the General Labour Inspectorate (see sections 283 (3 and 4) of GLL 2023).

Forma de la notificación del despido al trabajador: escrita

Remarks

▷ Individual dismissal
→ Section 286 of GLL 2023 on "prior notice" indicates that:
1. The employer must send, at least 30 days in advance, to the worker or workers occupying the jobs to be eliminated or transformed, prior notice of dismissal.
2. The notice must mention the decision to dismiss, expressly mentioning the reason and date of termination of the Employment Contract and indicating the amount, form, time and place of payment of compensation, credits due and those payable as a result of the termination of the Employment Contract. (...).

▷ Collective dismissal
→ In cases where the dismissal is on the grounds of "objective causes" (§ 284 of GLL 2023), provided that the number of workers to be dismissed is more than five (§ 290 of GLL 2023), section 293 of GLL 2023 requires an advance notice of 60 days.
→ Section 291 (1) of GLL 2023 on "Procedure for collective dismissal" provides that: An employer who intends to carry out collective dismissal must notify the General Labour Inspectorate and the workers' representative body, and must observe the provisions of section 285.
→ In addition, under section 298 (j) of the GLL 2023, dismissal is null and void whenever (...), the employee is not notified of the dismissal decision.

▷ Disciplinary measures
Section 91 (2) of GLL 2023 on the "application of disciplinary measure" (which includes dismissal) indicates that: The measure applied shall be communicated in writing to the worker within five days following the decision by any of the means referred to in paragraphs 4 of section 88, and the communication shall mention the facts attributed to the worker and the consequences of those facts, the result of the interview and the final decision.

Plazo de preaviso:

Remarks

▷ Individual dismissal
→ Section 286 (1) of GLL 2023 indicates that: The employer must send, at least 30 days in advance, to the worker or workers occupying the jobs to be eliminated or transformed, prior notice of dismissal.
▷Collective dismissal
→ Section 286 (1) of GLL 2023 indicates that: In the case of collective dismissal, the notice period is 60 days.
▷ Disciplinary dismissal
→ Disciplinary measures, including dismissal (§ 87 (f) of GLL 2023), cannot be applied without a prior interview with the employee, except for an oral and recorded warning (§§ 88 and 90 of GLL 2023). The execution of the disciplinary measure of dismissal must be carried out immediately (§ 94 of GLL 2023).
▷ Dismissal during trial
→ No notice is required for dismissal during the trial period (§ 18 (4) of GLL 2023)

Indemnización sustitutiva de preaviso: Si

Remarks

▷ Pay in Lieu
→ Section 305 (2) of GLL 2023 stipulates that: The total or partial lack of prior notice constitutes the employee's obligation to compensate the employer with the value of the salary corresponding to the missing period of prior notice.

▷ Exclusion
→ Section 18 (4) of GLL 2023 indicates that: During the trial period, either party may terminate the Employment Contract, without the obligation to provide prior notice, compensation or present justification, and the employer must pay the contractually agreed remuneration.

Notificación a la administración: Si

Remarks

▷ Individual dismissal
→ Section 285 of GLL 2023 on "procedure for individual dismissal" indicates that:
1. An employer who intends to carry out a dismissal on the grounds referred to in the previous section [on individual Dismissal for Objective Causes], provided that the number of workers to be dismissed is up to five, must send a written communication to the General Labour Inspectorate in advance, indicating:
a) The economic, technological or structural reasons that require the organization, reduction or closure and the description of these;
b) The jobs affected, indicating the number of workers they represent and their professional qualifications;
c) Measures of reorganization, reduction of activities or closure of services with which the employer intends to adjust the operation of the company or establishment to the existing situation;
d) The criteria to be used in selecting workers to be dismissed;
e) The possibility or impossibility of transferring these workers, in whole or in part, to other existing or future jobs, as a result of the reorganization and for which the same or identical professional qualifications are required and which are entitled to an equal or higher salary;
f) Other information considered useful.

▷ Collective dismissal
→ Section 291 (1) of GLL 2023 on "procedure for collective dismissal" provides that: An employer who intends to carry out collective dismissal must notify the General Labour Inspectorate and the workers' representative body, and must observe the provisions of section 285.
→ Section 293 of GLL 2023 on "Advance notice" indicates that:
1. In the case of collective dismissal, the notice period is 60 days.
2. On the date of sending the notice of dismissal, the employer must send to the Employment Centre of the respective area, if any, a map identifying all workers notified of dismissal, mentioning in relation to each one:
a) Full name; b) Identity Card Number; c) Address; d) Date of birth;
e) Date of admission to the company; f) Date on which the contract terminates; g) Social Security insured person number; h) Profession;
i) Professional classification; j) Last base salary.

▷ Disciplinary Measures (suspension)
In case of suspension of an employment contract for reasons enumerated under section 270 of GLL 2023, the employer is required to proceed as follows:
a) Communication to the General Labour Inspectorate, to the Employment Centre in the area of the Employment Centre and to the workers' representative body, up to 15 working days before the start of the suspension of work, its occurrence and causes, except in the situations referred to in paragraph b) of the previous section [calamity, accidents and other situations of force majeure];
b) Whenever the establishment does not resume operations for a period of up to six months, the employer may, with authorization from the General Labour Inspectorate, declare the contracts terminated due to expiration, paying workers compensation calculated in accordance with section 308;
c) Notification to the General Labour Inspectorate and to the Employment Centre of the expiry of the contract, within three days after the day on which it was communicated to the workers, indicating that the compensation referred to in paragraph b) of this paragraph has been paid or made available to the workers.

▷ Disciplinary dismissals of ex-combatants, pregnant women, minors and workers with a limited occupational disability degree of 20% or above
→ In case of disciplinary dismissal of war veterans, section 283 (3)(a) of GLL 2023 stipulates that: A copy of the employee's invitation for the interview and the notice of dismissal that the employer intends to send to the employee under the terms of paragraph 6 of section 90, shall be sent immediately to the General Labour Inspectorate, upon registration or protocol.
→ In case of disciplinary dismissal of pregnant women, minors and workers with a limited occupational disability, section 283 (4) of GLL 2023 indicates that: In the case of disciplinary proceedings for the dismissal of workers referred to in paragraphs b), d) and e) of paragraph 1 of this section, the employer must send a copy of the employee's summons for interview and the notice of dismissal that it intends to send to the employee to the General Labour Inspectorate, which must issue a decision within a maximum period of 10 working days.

Notificación a los representantes de los trabajadores: Si

Remarks

▷ Preventive suspension
→ Section 89 (2) of GLL 2023 on "preventive suspension of employees" indicates that: If the worker is a union representative or member of the workers' representative body, the suspension shall be communicated to the body to which he belongs.
→ In addition, under section 88 (3)(d) of GLL 2023, during a disciplinary procedure interview, the employee has the right to be assisted by up to three witnesses, who can be employees or members of the trade union to which the employee is affiliated.

▷ Disciplinary measures
→ Section 91 (3) of GLL 2023 on the "application of disciplinary measure" (which includes dismissal) provides that: If the worker is a union representative or member of the workers' representative body, a copy of the communication made to the worker shall be sent, within the same period, to the union or representative body, which must respond within 10 working days.

▷ Suspension of an employment contract
→ In case of suspension of an employment contract for reasons enumerated under section 270 of GLL 2023, the employer is required to proceed as follows:
a) Communication to the General Labour Inspectorate, to the Employment Centre in the area of the Employment Centre and to the workers' representative body, up to 15 working days before the start of the suspension of work, its occurrence and causes, except in the situations referred to in paragraph b) of the previous section [calamity, accidents and other situations of force majeure].

▷ Collective dismissal
→ Section 291 (1) of GLL 2023 on "procedure for collective dismissal" provides that: An employer who intends to carry out collective dismissal must notify the General Labour Inspectorate and the workers' representative body, and must observe the provisions of section 285.

Aprobación de la administración publica o de organismos judiciales: Si

▷ Disciplinary dismissals of ex-combatants, pregnant women, minors and workers with a limited occupational disability
→ In case of disciplinary dismissal of war veterans, section 283 (3)(a and b) of GLL 2023 stipulates that: A copy of the employee's invitation for the interview and the notice of dismissal that the employer intends to send to the employee under the terms of paragraph 6 of section 90, shall be sent immediately to the General Labour Inspectorate, upon registration or protocol.
b) If the General Labour Inspectorate, within 10 working days from the date of sending the documents, does not communicate anything to the employer or does not oppose the dismissal, the employer may maintain the decision by delivering or sending to the employee the communication referred to in paragraph 3 of section 91.
→ In case of disciplinary dismissal of pregnant women, minors and workers with a limited occupational disability, section 283 (4 and 5) of GLL 2023 indicates that:
4. In the case of disciplinary proceedings for the dismissal of workers referred to in paragraphs b), d) and e) of paragraph 1 of this section, the employer must send a copy of the employee's summons for interview and the notice of dismissal that it intends to send to the employee to the General Labour Inspectorate, which must issue a decision within a maximum period of 10 working days.
5. The period granted to the General Labour Inspectorate to express its opinion, under the terms of the previous numbers, suspends the other deadlines of the disciplinary process, and if there is no statement, the employer may execute the decision.

Acuerdo de los representantes de los trabajadores: No

Approval of workers’ representatives is not required for the dismissal of workers.

Definición de despido colectivo (número de empleados afectados) Section 290 of GLL 2023 provides that: Whenever, on the grounds set out in section 284 [just causes], the termination or transformation of jobs simultaneously affects the employment of more than five employees, the collective dismissal procedure shall apply.

Remarks

Section 290 of GLL 2023.

Notificación a la administración No

Remarks

▷ There is no requirement for prior consultation.
▻ However, Section 292 of GLL 2023 on "consultations" indicates that: During the period in which the General Labour Inspectorate is assessing the case, the employer may hold meetings with the representative body or the appointed committee to exchange information and clarifications, and may forward the conclusions of the meetings to the General Labour Inspectorate.

Notificación a los sindicatos (representantes de los trabajadores) Yes

Remarks

→ Section 291 (1) of GLL 2023 provides that: An employer who intends to carry out collective dismissal must notify the General Labour Inspectorate and the workers' representative body, and must observe the provisions of section 285.
→ Under section 293 (2) of GLL 2023, on the date of sending the notice of dismissal, the employer must send to the Employment Centre of the respective area, if any, a map identifying all workers notified of dismissal, mentioning in relation to each one:
a) Full name; b) Identity Card Number; c) Address; d) Date of birth; e) Date of admission to the company f) Date on which the contract terminates; g) Social Security insured person number; h) Profession;
i) Professional classification; j) Last base salary.

Notificación a los representantes de los trabajadores: Yes

Remarks

Section 291 (1) of GLL 2023 indicates that: An employer who intends to carry out collective dismissal must notify the General Labour Inspectorate and the workers' representative body, and must observe the provisions of section 285.

Acuerdo de los sindicatos (representantes de los trabajadores) No

Remarks

▷ There is no express requirement for approval by administrative bodies.
→ However, section 291 (2) of GLL 2023 indicates that: The deadline for the General Labour Inspectorate to carry out its investigations referred to in paragraph 3 of section 285, in the case of collective dismissal, is 22 working days.
→ Section 285 (3) of GLL 2023 indicates that: The General Labour Inspectorate must, within 15 working days, carry out the necessary investigations to clarify the situation further, warning the employer about the possible existence of a substantive and procedural irregularity in the dismissal.

Acuerdo de los representantes de los trabajadores No

Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio) Yes

Remarks

▻ Note: Priority rules provided under section 288 of GLL 2023 are of a general scope and not limited to only collective dismissals.
→ Section 288 (1) of GLL 2023 on "preference criteria" provides that:
1. In determining which workers are to be laid off and if it is not a matter of closing the service or establishment, in maintaining employment, within each professional category and in the order of priority established below, the following workers have preference:
a) More qualified or with greater professional experience;
b) Longer service members, in cases of equal qualifications or professional experience;
c) Seniority in the category, in the case of equality in seniority in the job position;
d) Those who have been in the company for the longest time, in the case of equal seniority in the category.
→ Section 298 (m) of GLL 2023 on "nullity" indicates that: Dismissal is null and void whenever (...) there is a violation of the preference criteria for maintaining employment.

Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...) No

Reglas de prioridad para la re-contratación No

Severance pay:

Remarks

▷ Under GLL 2023, severance payments are referred to as "indemnities or "Indemnizações" and redundancy payments are referred to as "compensation" or "Compensações".
▻ (Indemnities) refer to payments made to compensate for harm resulting from unlawful or unfair dismissals, typically involving employer fault or legal violations.

▷ Indemnisation or Severance pay
Indemnisation is required in case of the employer's abusive exercise of disciplinary power (§ 98 of GLL 2023), non-reinstatement of the dismissed employee (§ 309 of GLL 2023), and unlawful dismissal (§§ 300 and 310 of GLL 2023).
→ Section 309 on "indemnisation for non-reinstatement" indicates that: the Indemnisation for non-reinstatement of the dismissed employee or for his/her non-intention to be reinstated is equivalent to 50% of the value of the base salary practised on the date of dismissal multiplied by the number of years of service of the employee.
→ Section 310 "Indemnity for individual dismissal" stipulates that:
1. The Indemnity due to the employee in the event of a court decision on the unlawfulness of the individual dismissal with the invocation of just disciplinary cause, in the absence of reinstatement, and in the event of indirect dismissal recognised respectively in paragraph 3 of section 300 and paragraph 5 of section 303, is determined by multiplying the value of the base salary on the date of dismissal by the number of years of seniority of the employee on the same date.
2. The Indemnity calculated under the terms of the previous numbers is also due in the situations referred to in paragraphs 3 of section 19 and 2 of section 67.
3. The indemnity referred to in this section always has a minimum value equivalent to three months' base salary.

▷ Note: Under Section 18(4) of GLL 2023, during the trial period, either party may terminate the employment contract without obligation to provide prior notice, indemnity, or justification.

tenure ≥ 6 meses: 0 mes(es).

tenure ≥ 9 meses: 0 mes(es).

tenure ≥ 1 año: 1 mes(es).

tenure ≥ 2 años: 2 mes(es).

tenure ≥ 4 años: 4 mes(es).

tenure ≥ 5 años: 5 mes(es).

tenure ≥ 10 años: 10 mes(es).

tenure ≥ 20 años: 20 mes(es).

Redundancy payment:

Remarks

▷ Under the GLL 2023, severance and redundancy payments are referred to as "compensation" or "Compensações" and indemnities or "Indemnizações".
▻ Compensações (Compensations) refers to payments to employees for termination due to objective reasons or employer-related circumstances, not involving fault or illegality.
▷ Compensation
Redundancy payment, referred to as "compensation," occurs in the event of contract termination, insolvency, or the employer's legal dissolution (§ 307 of GLL 2023), constructive dismissal (§ 308), dismissal for objective reasons (§ 289 of GLL 2023), and dismissal of a worker in a collective dismissal process (§ 295 of GLL 2023).
→ Section 307 on "compensation in the event of insolvency or termination of the employer" indicates that:
The compensation recognised in section 278, due in the event of termination of the contract, insolvency, or termination of the employer's legal personality, is determined by multiplying 50% of the value of the base salary by the number of years of service on the same date.
→ Section 308 on "Compensation for termination of the contract for reasons relating to the employer" indicates that: The compensation due to employees under section 289 and 295, in the case of individual or collective dismissal for objective just cause, respectively, and under item b of section 271, in the case of termination after suspension of the contract for objective reasons, corresponds to the base salary in effect on the date of termination, multiplied by the number of years of seniority, with a limit of five, with the amount thus obtained being increased by 50% of the base salary multiplied by the number of years of seniority that exceeds that limit.

tenure ≥ 6 meses: 0 mes(es).

tenure ≥ 9 meses: 0 mes(es).

tenure ≥ 1 año: 1 mes(es).

tenure ≥ 2 años: 2 mes(es).

tenure ≥ 4 años: 4 mes(es).

tenure ≥ 5 años: 5 mes(es).

tenure ≥ 10 años: 7.5 mes(es).

tenure ≥ 20 años: 12.5 mes(es).

mineros: No

Under the GLL of 2023, compensation for unfair dismissal (referred to as Indemnização por despedimento individual in the context of unlawful dismissal) is not subject to free determination by the court. Instead, it follows a specific formula outlined in the law, with a minimum threshold, as detailed in section 310: (base salary × years of service) with a mandatory minimum of three months’ salary, ensuring consistency and predictability.
Additionally, section 309 (Indemnização por não reintegração) provides for cases where an employee is not reinstated or chooses not to be reinstated after an unlawful dismissal. In such cases, the indemnity is 50% of the base salary multiplied by the number of years of service.

: Si

▷ Compensations (Compensações) and indemnities (Indemnizações) for termination have fixed legal formulas with specific limits, as outlined in sections 307–310 of GLL 2023.

Si

▷ Compensations (Compensações) and indemnities (Indemnizações) for termination have fixed legal formulas with specific limits, as outlined in sections 307–310 of GLL 2023.

directores/ gerentes: Si

▷Reinstatement is required in cases of Unlawful dismissal:
▻ Unlawful dismissal by the abusive exercise of disciplinary power in events related to "legitimately complained about working conditions and the violation of workers' rights" (§ 97 (1)(a) of GLL 2023) and the "exercise of union activities or representation" (§ 97 (1)(b) of GLL 2023).
▻ In addition, under section 300 (1)(b)of GLL 2023, if the dismissal has been declared unlawful, the employer must reinstate the worker.

policía: No

▷ The GLL 2023 does not mandate preliminary conciliation for termination of employment or dismissal cases.
▻ However, collective dismissals (≥5 employees) require a mandatory consultation phase with worker representatives and Inspectorate oversight (§ 291 of GLL 2023), and individual dismissals involve administrative review (§ 285 of GLL 2023).
Section 285 (4) of GLL 2023 on "procedure for individual dismissal" indicates that: Employees or their representatives may, in case of disagreement, challenge the dismissal decision in the competent court, without prejudice to the extrajudicial dispute resolution mechanisms provided for in this Law".
▻ Disputes over unlawful dismissals proceed to courts without mandatory mediation (§ 301 of GLL 2023).

▷ Labour Courts have jurisdiction over all labour disputes.
→ Section 301 (1) of the GLL 2023, on "jurisdiction of the court" indicates that: It is up to the court to declare the waiver unlawful and determine its effects, in accordance with the law.
→ Section 317 (1) of the GLL 2023 on dispute resolution indicates that: The Courts have jurisdiction to hear and judge all labour disputes, without prejudice to the use of alternative means of conflict resolution.

Arbitraje: No

▷ No reference is made to voluntary arbitration for termination or dismissal disputes. However, parties may voluntarily agree to arbitration as the GLL 2023 does not prohibit arbitration, but it lacks specific provisions requiring or structuring arbitration for such cases.

Carga de la prueba: empleador