The Supreme Court, in its judgment of November 18, 2024, considers that this is an obligation derived from Article 7 of Convention No. 158 of the International Labour Organization that must be applied to new dismissals.

According to the website of the Judiciary, the Social Chamber of the Supreme Court, sitting en banc and unanimously ruling in its judgment of November 18, 2024 (appeal for the unification of case law 4735/2023), has determined that employers must offer employees the opportunity to defend themselves against the charges brought against them before terminating their employment contract for disciplinary reasons. This decision is based on the need to directly apply Article 7 of ILO Convention No. 158 of 1982 (in force in Spain since 1986).

In this way the Court modifies its own doctrine, established in the 1980s, which it justifies by "the changes that have occurred in our legal system during all this time" (International Treaties Law, constitutional doctrine, classification of dismissal, inapplicability of the most favorable rule globally).

The ILO Convention requires a hearing prior to dismissal "unless it cannot reasonably be requested of the employer," and the Fourth Chamber understands that this is the case here. The company was protected by a long-standing legal precedent that, in relation to the same provision, exempted it from this requirement.

Attention. The Supreme Court understands that, given the dismissal occurred under a previously established legal doctrine, it was reasonable for the employer not to activate a requirement that was considered unenforceable. Therefore, the change in legal doctrine only applies to dismissals occurring after the publication of the ruling.

Source: Judicial Branch

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