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Spanish Courts Curb Firings for Lateness When Employers Have Long Tolerated It

Judges expect documented, proportionate discipline before tardiness can justify dismissal.

Overview

  • Employment lawyer Juanma Lorente highlighted the issue on TikTok, using an example of years of brief delays that a company allowed without action.
  • Prolonged employer tolerance can create an implied expectation that leads tribunals to deem a later firing for the same conduct improper.
  • To uphold a disciplinary dismissal, courts look for gravity and proportionality, usually supported by prior warnings or suspensions.
  • If a dismissal is ruled improper, workers are entitled to 33 days of pay per year of service up to 24 months, calculated from salary and seniority.
  • The renewed coverage serves as a reminder for employers to enforce punctuality rules consistently from the start and to document breaches.