A telemarketer was dismissed from her job after 7 years for failing to secure any sales despite making 1,500 calls over two months. She then sued her company, but her claim was rejected by both a lower court and the Supreme Court of Justice. According to court documents, the woman was hired as a telemarketing sales agent with an annual salary of 30,615 euro (933 million VND).
The primary duty of a telemarketing employee is to contact customers or potential clients by phone and offer company products to close sales.
The company cited three main reasons for her termination on 8/3/2024: consistent and voluntary reduction in productivity, breach of contract, and repeated tardiness. Specifically, the company stated she made 1,500 sales calls in the first two months of 2024 without closing a single deal. Further allegations included using company computers for online shopping and attending online courses during work hours. She also reportedly smoked in the office and left before her shift ended. Her termination letter also noted she was more than two hours late, which constituted a serious breach of contractual obligations.
In 12/2024, the Court of First Instance in Bilbao dismissed her claim, ruling her dismissal was justified.
The employee appealed to the Supreme Court of Justice, arguing that her alleged performance reduction was unproven and that no objective comparison with other sales staff was provided. However, the Supreme Court upheld the lower court's reasoning, concluding that she had failed to perform the essential duties of her position.
According to the country's National Institute of Statistics, the telemarketing sector employs over 160,000 people as of Q2/2025, with 73% being women. Sales from telemarketing are declining due to public suspicion of fraud, an unwillingness to be disturbed, and the growing trend of online shopping on e-commerce platforms.
Spanish law regulates commercial calling hours, prohibiting calls monday to friday before 9 am and after 9 pm, and all day on weekends and holidays.
By Hai Thu (Source: La Razon, Research Standard)
