Companies will no longer be able to dismiss an employee for disciplinary reasons without first giving them the opportunity to defend themselves. On November 18, 2024, the Social Division of the Supreme Court, in plenary and unanimously, decided that employers must allow workers to explain their version of the facts before proceeding with a disciplinary dismissal.
Supreme Court Ruling No. 1250/2024, of November 13, 2024, makes it clear that, according to Article 7 of ILO Convention 158, the employment relationship cannot be terminated for reasons of conduct or performance without first hearing the employee, unless there is a valid reason not to do so. Ignoring this procedure can result in the dismissal being declared unfair or, in the worst case, void.
This new rule only applies to dismissals that occur after November 18, 2024, the date on which the ruling was published.
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