UNLAWFUL DISMISSAL

� General reasons of unlawful

» Prior inexistence of the respective procedure

» Basis on political, ideological, ethnical or religious grounds, even though not expressed

» Declaration of lack of relevance as to the grounds invoked

� Specific reasons of illegality dismissal for inadaptation

» Failure of cumulative requirements provided for in the law

» Inexistence of communications demanded to the worker, workers’ committees and trade union organisations

» Unavailability of compensation until the end of the prior notice time limit

� Objection as a result of the dismissal

» Objection within the time limit of 1 year calculated as from the date of dismissal

» Possibility to request suspension of the dismissal

» Appraisal under the terms of the Code of Procedure in Administrative Courts

� Effects of the dismissal declared unlawful

» The employer entity is obliged to compensate the worker for property and non property damages

» The employer entity shall still pay remunerations that the worker has not received since the date of dismissal until res judicata/final judgement has been given (with exclusion of remunerations due since the date of dismissal until the date of instituting proceedings, if this one shall not be lodged within 30 days subsequent to dismissal), being deducted:

- The amounts that the worker provenly received, and that would not have received if the dismissal should not have occurred

- The amounts received as an unemployment allowance that should be sent to the Social Security

» The employer entity is obliged to reintegrate the worker, without prejudice to the category and seniority

» In substitution of the reintegration, the worker may choose for a compensation set by the court, between 15 and 45 days of the remuneration for each year or fraction of fulfilment of public functions, with a minimum of 3 months of basic remuneration

� Specialty of the unlawfulness of dismissal in the fixed or unfixed term contracts

» The employer entity is obliged to pay a compensation lower than that corresponding to remunerations that the worker has not received until the end of the contract, or up to  res judicata/final judgment has been given if the end of the contract occur subsequently.

» The employer entity is obliged to reintegrate the worker, if the end of the contract occurs subsequently to res judicata/ final judgment has been given