If you have been dismissed, right now the important thing is not only to know whether it is “fair or unfair”. What matters is what deadline you have, what the dismissal letter actually says, and what you can claim. In dismissal cases, timing is critical: the legal action expires after 20 working days from the date of dismissal.
At ASO Corporate, we help you review the dismissal with a clear approach: whether it is worth challenging, what is at stake financially, and how to move from the very beginning in the right way. We work from Barberà del Vallès with appointments only, and we also offer online consultations to clients across the province of Barcelona.
In addition, filing a mandatory conciliation or mediation request suspends the limitation period from the moment it is submitted, and the countdown resumes the day after the conciliation attempt or after 15 working days if no hearing has taken place. If 30 working days pass without the hearing being held, the requirement is considered fulfilled.
The existence of a letter does not automatically mean the dismissal is valid. In a disciplinary dismissal, the company must notify it in writing, stating the facts that justify it and the effective date. In an objective dismissal, in addition to the written communication explaining the cause, the law generally requires the employer to make available severance pay of 20 days per year of service, capped at 12 months, and to respect a 15-day notice period, except in specific cases.
That is why, when we review a dismissal, we do not only look at the “reason”. We also check whether the facts are properly detailed, whether the correct legal route has been used, whether formal requirements and deadlines have been respected, and whether the financial calculation is correct.
When a dismissal is declared unfair, the general rule is that the employer may choose between reinstating the employee or paying compensation. The Workers’ Statute sets, as a general rule, compensation of 33 days of salary per year of service, capped at 24 months’ salary, with the relevant transitional regime for time worked before 12 February 2012.
Not all dismissals are treated the same. There are disciplinary dismissals, objective dismissals, unfair dismissals, and in some cases dismissals that may be declared void depending on the specific circumstances. That is why the key point here is not to label the case quickly, but to properly identify the legal framework and pursue what is realistically achievable.In the Spanish labour jurisdiction, conciliation or mediation is, as a general rule, a key preliminary step before filing a labour claim, and the LRJS expressly regulates its effects on limitation periods and procedural deadlines. This can provide valuable time to properly prepare the claim, but without losing track of deadlines.
The important point here is not to rush into filing “something”, but to build a coherent strategy: reviewing the dismissal letter, seniority, salary basis, applicable collective agreement, severance calculation, and the client’s real objectives. Sometimes it makes sense to pursue the claim fully. Other times, it is better to negotiate early and effectively.
First, we review the dismissal letter and assess the real deadline. Then we calculate compensation, any outstanding pay differences, and possible grounds for nullity or unfair dismissal. Finally, we define the legal route: conciliation, negotiation, or court claim. The guiding principle is always the same: not letting time or poor strategy cost you money.
If you already have it, it is useful to gather:
If you don’t have everything, that is not a problem. We will tell you what is truly necessary and what you should request before taking further steps.
As a general rule, you have 20 working days from the date of the dismissal.
Yes. Filing a conciliation or mediation request suspends the limitation period, and the deadline resumes the day after the attempt is made or if 15 working days pass without the hearing taking place.
The general rule currently in force is 33 days of salary per year of service, capped at 24 monthly payments, with a transitional regime for time worked before 12 February 2012.
As a general rule, yes: the Workers’ Statute requires the employer to make the severance payment of 20 days of salary per year of service, capped at 12 monthly payments, available at the time the written notice is given, together with the dismissal communication.
