despido improcedente

English translation: termination without cause

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:despido improcedente
English translation:termination without cause
Entered by: Justin Peterson

13:25 Nov 6, 2019
Spanish to English translations [PRO]
Human Resources / Labor Law
Spanish term or phrase: despido improcedente
This is really fascinating

The only translation (and it abounds) I can find for despido improcedente is "wrongful dismissal"

However, in the context in question, the company is not really guilty of anything. They are firing due to a strategic decision. The idea behind improcedente, really, is that the employee is not at fault ... but this does not mean that the company IS. I doubt they are violating their contract by firing their employees. This would imply a moral, and legal, obligation to employ them forever (an admittedly common dream of many Spaniards...)

In any case ... is there a better translation?

In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law
Justin Peterson
Spain
Local time: 18:34
termination without cause
Explanation:
If I'm understanding the context correctly, this could work. According to the source I posted, "Termination without cause occurs when an employee is terminated from a job not because they have necessarily done anything wrong, but because the employer has decided, for whatever reason, that it no longer needs the employee’s services."
Selected response from:

Christopher Peterson
United States
Local time: 11:34
Grading comment
Yes, and I think this makes a KEY CONTRIBUTION to the Glossary.
3 KudoZ points were awarded for this answer



Summary of answers provided
5 +3Unfair dismissal
Eileen Brophy
5 +1Wrongful termination or dismissal
Sarah Leonard
3 +2lay off
David Hollywood
4inappropriate termination/dismissal
Daniel Coria
3unfair dismissal
Paola Pantaleon
3objective dismissal
patinba
3termination without cause
Christopher Peterson
2unfounded dismissal
Ana Vozone


Discussion entries: 36





  

Answers


12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
inappropriate termination/dismissal


Explanation:
"Improcedente" also means "inadmissible" (whether legally or morally so).

If "wrongful" adds an unnecessary componential element, perhaps "inappropriate" can shift the focus to that moral/legal obligation from the employee's perspective.

https://lawrato.com/labour-service-legal-advice/inappropriat...

https://hmclawyers.com/employment/employer-learns-expensive-...


Inappropriate Termination Basics: What You Should Know
Sometimes, arguments in the offices outcome in an personnel becoming the focus on of wrongful termination. Although most people are aware of the ...
https://www.selfgrowth.com/articles/inappropriate-terminatio...

If an employer is not on solid legal ground, then the potential consequences of an inappropriate dismissal can increase phenomenally.
https://www.hrzone.com/community/blogs/jude-fletcher/avoidin...

Hope it helps!

Daniel Coria
Argentina
Local time: 14:34
Works in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 12
Notes to answerer
Asker: No. In this case this was not the idea, but thanks for your input

Asker: No. In this case this was not the idea, but thanks for your input

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30 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
Wrongful termination or dismissal


Explanation:
I think dismissal or termination are fine, but I would say 'wrongful' rather than inappropriate.

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Note added at 33 mins (2019-11-06 13:59:43 GMT)
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Maybe "unfair dismissal" is the term you're looking for?
https://www.monster.co.uk/career-advice/article/what-is-unfa...


    https://en.wikipedia.org/wiki/Wrongful_dismissal
Sarah Leonard
United States
Local time: 17:34
Native speaker of: Native in EnglishEnglish
Notes to answerer
Asker: No. In this case this was not the idea, but thanks for your input


Peer comments on this answer (and responses from the answerer)
agree  philgoddard: Based on what Justin says, it's not unfair, but there's still something wrong with it.
15 mins
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9 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
lay off


Explanation:
I would suggest

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Note added at 10 mins (2019-11-06 13:36:04 GMT)
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an occasion when a company stops employing someone, sometimes temporarily, because the company does not have enough money or enough work

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Note added at 11 mins (2019-11-06 13:37:05 GMT)
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no guilt involved on either side

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Note added at 11 mins (2019-11-06 13:37:36 GMT)
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just a result of circumstances

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Note added at 22 mins (2019-11-06 13:48:32 GMT)
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and this gets you out of the jam :)

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Note added at 46 mins (2019-11-06 14:12:42 GMT)
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how about "constructive dismissal"?

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Note added at 48 mins (2019-11-06 14:14:29 GMT)
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Definition: Constructive dismissal is a situation where the employee is forced to leave or quit his/her job not because they want to, but because of the employer’s conduct. The resignation could be the result of bad working conditions or changes in terms of employment which leaves the employee with no other choice but to quit.

Description: Constructive dismissal is very common in organisations. As such, most employees usually leave their boss and not the organisation. This could be because they don’t like the behaviour of the employer, were bullied at work, harassed, there was violence against you or the employers made you work in dangerous conditions.

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Note added at 50 mins (2019-11-06 14:16:16 GMT)
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maybe this fits in with your overall context ...

David Hollywood
Local time: 14:34
Native speaker of: Native in EnglishEnglish
PRO pts in category: 144

Peer comments on this answer (and responses from the answerer)
agree  Joannes Groenewege: This is how to best translate "despido improcedente". It is a term frequently used in the US of A, where employees can be fired from one instance to another!
1 hr
  -> dank ye wel Joannes and having read your profile I think we are kindred spirits Used to live in the US and I hear you

agree  Andrea Sacchi
3 hrs
  -> muchas gracias Andrea
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51 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
Unfair dismissal


Explanation:
As we say in the UK

Eileen Brophy
Spain
Local time: 18:34
Native speaker of: Native in EnglishEnglish
PRO pts in category: 11
Notes to answerer
Asker: No. In this case this was not the idea, but thanks for your input


Peer comments on this answer (and responses from the answerer)
agree  Adrian MM.: Yes IMO for BrE/ IrE consumption (but asker is US Am.). 'Every redundancy will be considered automatically unfair' so qualify for ENG Common Law *compensation* vs.*contract* damages for WD www.proz.com/personal-glossaries/entry/10636750-despido-red...
44 mins
  -> Maybe workers have no rights in the US not the same as UK law

agree  neilmac: Classic - first thing I thought of... :)
2 hrs
  -> Thank you Neil

agree  Paola Pantaleon: For me this is the most accurate translation
3 hrs
  -> Thank you Paola, that is the legal terminology.
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
termination without cause


Explanation:
If I'm understanding the context correctly, this could work. According to the source I posted, "Termination without cause occurs when an employee is terminated from a job not because they have necessarily done anything wrong, but because the employer has decided, for whatever reason, that it no longer needs the employee’s services."


    https://lmlaw.ca/2018/01/wrongful-dismissal-vs-termination-without-cause/
Christopher Peterson
United States
Local time: 11:34
Native speaker of: Native in EnglishEnglish
PRO pts in category: 3
Grading comment
Yes, and I think this makes a KEY CONTRIBUTION to the Glossary.
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2 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
unfounded dismissal


Explanation:
https://www.google.com/search?q="unfounded dismissal"&oq="un...

Example sentence(s):
  • Furthermore, an appeal against unfounded summary dismissal only succeeds if the unfounded dismissal is based on an unlawful motive
Ana Vozone
Local time: 17:34
Works in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 12
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
objective dismissal


Explanation:
Not exactly a translation, but it may be the term you are looking for.

An objective dismissal is termination based on any of the objective grounds such as, economic, technical, productive or organizational reasons. ... The employer must provide a minimum notice period of 15 days, from the date of issue and delivery of termination letter to the effective date of termination.Jun 25, 2018
Termination of employment relationship in Spain - Despacho ...
https://www.cecamagan.com › termination-employment-relationship-spain

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Note added at 2 hrs (2019-11-06 16:17:06 GMT)
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From a Baker & McKenzie Report on Spain

15.2.3 Objective dismissals
“Objective” dismissals are dismissals that do not have to do with the employee’s (“subjective”) misconduct and that are instead based on one or more of the following objective reasons:
....

• company requirement to phase out job positions based on organizational, productive,economic or technical grounds.

With respect to the last item, under amendments passed in February 2012, economic causes will exist when the company has a negative economic situation, in cases such as current or foreseen losses or the persistent decrease in ordinary income or sales. The new law specifies that, in any case, there will
be a persistent decrease when ordinary income or total sales in three consecutive quarters is less than the ordinary income or sales in the same period of the previous year. Organization causes will exist, among other cases, where there are changes to the system and methods of employees’ work or
in the way production is organized; technical changes exist where, among other cases, there are changes in the means or instruments of production; and productive reasons exist when, among other cases, there are changes in the demands of the products or services that the company has in the
market. This last type of objective dismissal may only be used when the number of employees to be dismissed does not exceed a particular number; if the employees to be dismissed for these reasons exceed the maximum number, the procedure for collective dismissals needs to be followed (see further at 15.10).


patinba
Argentina
Local time: 14:34
Native speaker of: Native in EnglishEnglish
PRO pts in category: 132
Notes to answerer
Asker: This is a valid and valuable option. But I can't figure out how to assign points to both replies :/

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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
unfair dismissal


Explanation:
I believe either unfair dismissal or unfounded dismissal could show that the worker is not at fault and that the employer is not breaching contract either.

There's actually an example using despido improcedente diplayed when you search in Wordmagic App

Paola Pantaleon
Guatemala
Local time: 11:34
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
Notes to answerer
Asker: No. In this case this was not the idea, but thanks for your input

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