Specialised advisory on dismissals and labour claims. We defend your rights with professionalism and effectiveness.
Whether you are an employee or an employer, our team of labour lawyers advises you through every stage of dismissal proceedings. We analyse the situation, assess the options and defend your interests with technical rigour.
In addition to dismissals, we handle all types of labour claims: unpaid wages, overtime, holidays, professional classification, workplace harassment and any infringement of employment rights.
Before going to the Employment Court, it is mandatory to attempt prior conciliation before the SMAC (Mediation, Arbitration and Conciliation Service). We guide you through the entire process, from the initial claim to the enforcement of the judgment if necessary.
For a dismissal declared unfair, the compensation is 33 days' salary per year worked, up to a maximum of 24 monthly payments, for time worked since 12 February 2012; time worked before that date is calculated at 45 days per year. The company may choose between paying compensation or reinstating the employee.
You have 20 business days from the effective date of the dismissal to file the conciliation request and, where applicable, the claim. It is a non-extendable limitation period, so it is best to act immediately.
A fair dismissal has a valid, proven cause; an unfair dismissal lacks justified cause or fails to meet formal requirements (entitling the employee to compensation or reinstatement); a null dismissal violates fundamental rights or affects protected situations (requiring reinstatement with payment of back wages).
The settlement sets out the liquidation of outstanding amounts, but signing it does not mean waiving your right to claim. If you disagree, you can sign it adding the words 'not in agreement' or not sign it; in both cases you keep your right to claim. We recommend reviewing it with a professional before signing.
We analyse your case and offer you the best defence strategy.
