In employment law, waiting too long often works against you. Some actions are subject to very short limitation periods, while others have longer prescription periods, but none of them should be left unattended.
The general rule under the Workers’ Statute is that employment-related claims with no specific time limit prescribe after one year, while claims relating to dismissal, geographical mobility decisions, or substantial changes to working conditions expire after 20 working days.
In plain terms: if you have been dismissed, are owed wages, have had your working conditions changed, or are in a difficult situation with your employer, it is not advisable to “wait and see”. It is better to review your case as soon as possible.
If you have been dismissed, the first step is not to assume that “if there is a termination letter, nothing can be done”. The first step is to review:
The time limit to challenge a dismissal is 20 working days, and it is a strict limitation period (expiry). In addition, filing a mandatory conciliation or mediation request suspends the limitation period, which resumes the day after the attempt, or, if no hearing takes place, after 15 working days from submission.
If the dismissal is ultimately declared unfair, the general rule under the Statute of Workers provides for compensation of 33 days per year for employment after 12 February 2012, with the corresponding transitional regime for prior periods.
What we do in these cases:
In employment law, a significant amount of money is lost for one simple reason: many people do not properly check what they are actually owed.
This includes:
The general rule under the Workers’ Statute is that employment claims with no specific limitation period prescribe after one year, and in cases involving financial entitlements or single-performance obligations, that one-year period begins when the claim could first have been brought.
The key point here: it is not enough to simply “do the math”. You need to cross-check the contract, applicable collective agreement, payslips, and the actual work performed.
Sometimes the problem is not a dismissal. It is that the company changes the rules of the game.
Article 41 of the Workers’ Statute allows employers to introduce substantial changes to working conditions for economic, technical, organisational, or production-related reasons. These changes include, among others, those affecting working hours, schedules, shift patterns, pay systems, work organisation, and job duties beyond the limits of functional mobility. In individual cases, the company must give at least 15 days’ notice. Where the employee is adversely affected in certain situations, they may terminate the contract and receive compensation of 20 days per year of service, up to a maximum of 9 months.
In addition, the deadline to challenge these decisions is also 20 working days.
What we assess here is very specific: whether the change is legally justified, whether it has been properly communicated, and whether it is more appropriate to challenge it or to exit the employment relationship with compensation.
There are situations where the issue is no longer about “putting up with” or challenging a specific measure. The issue is that the employer is breaching the contract so seriously that you may request judicial termination of the employment contract with compensation.
Article 50 of the Workers’ Statute sets out, among others, the following grounds:
This is not voluntary resignation. It is a legal route to leave the company with compensation where the employer’s breach is sufficiently serious and can be proven.
Employment law is not only about dismissals or unpaid wages. Very often, the real conflict is about how to balance work with personal and family life.
Article 34.8 of the Workers’ Statute recognises the right of employees to request adjustments to working hours, the distribution of working time, and the form of work delivery — including remote working — in order to make their right to work-life balance effective. The company must open a negotiation process which, in the absence of a collective agreement, must be handled as quickly as possible and within a maximum of 15 days, with the request being deemed granted if there is no expressly reasoned objection within that period.
The same regulation also recognises the right to reduced working hours for the care of a child under 12 or a person with a disability, with a proportional reduction in salary.
Regarding remote work, Law 10/2021 makes clear that working from home is voluntary for both employer and employee, must be formalised in writing, and the employer must compensate any expenses incurred where applicable. It also preserves the right to time recording and adequate occupational risk prevention measures.
We can help you if:
1. We tell you whether it is worth pursuing
We will not push you into proceedings without reason. First, we assess the prospects, deadlines, and your real objective.
2. We break the case down into documents
Contract, collective agreement, payslips, dismissal letter, WhatsApps, emails, work schedule, and time records. In employment law, detail matters.
3. We define the correct legal route
Challenging a dismissal is not the same as claiming unpaid wages, disputing a contractual modification, or requesting termination with compensation.
4. We negotiate when appropriate and litigate when necessary
The Labour Procedure Law (LRJS) generally requires prior conciliation or mediation, although there are several exceptions, including Social Security matters, holidays, geographical mobility, substantial changes to working conditions, and certain work-life balance rights.
5. We also think about what comes next
We do not only focus on the case itself. We also consider what makes sense for you economically, professionally, and in terms of timing.
If you already have it, it is useful to gather:
If you do not have everything, that is not a problem. We will tell you what is truly needed and what is worth requesting right away.
In general, you have 20 working days from the date of dismissal. This is a strict limitation period.
As a general rule, it is the mandatory preliminary step before filing a labour claim in many employment matters. The conciliation request suspends limitation periods and interrupts prescription, although there are exceptions set out in the Labour Procedure Law (LRJS).
The general rule is one year from the moment the claim could first be brought, in cases involving financial claims with no specific limitation period.
Yes. Substantial changes to working conditions are specifically regulated under Article 41 of the Workers’ Statute and can be challenged. In certain cases, you may also be entitled to terminate the contract with compensation.
Yes. Article 34.8 of the Workers’ Statute recognises the right to request reasonable and proportionate adjustments to working conditions, including remote working arrangements.
As a general rule, no. Law 10/2021 defines remote working as voluntary and requires a written agreement between employer and employee.
You may have grounds to request judicial termination of the employment contract with compensation under Article 50 of the Workers’ Statute in cases of non-payment or persistent delays in salary.
