Employment lawyers in Spain for dismissal claims
You have been dismissed, your terms have been changed, you have gone months without being paid or a benefit has been refused, and from that day a twenty working day deadline is running that forgives nothing. Our employment lawyers prepare the papeleta de conciliación (the compulsory conciliation claim) before the SMAC (the regional conciliation body) and the court claim before the social division of the Tribunal de Instancia (the Spanish first instance court), and also claim against the INSS (the social security institute), the SEPE (the public employment service) and FOGASA (the state wage guarantee fund). A lawyer registered with the Spanish bar works out what you are owed before you sign anything.
What we handle
You were dismissed without being heard first
The absence of the prior hearing required by art. 7 of ILO Convention 158 makes a disciplinary dismissal unfair (Supreme Court judgment 1250/2024), with a twenty working day time limit.
You were dismissed right after making a claim
Void dismissal for breach of the protection against retaliation, with the burden of proof reversed, reinstatement, back pay and damages for moral harm (art. 55.5 ET and arts. 177 and 183 LRJS).
You have gone months unpaid and cannot carry on
Employee initiated termination with the compensation of an unfair dismissal, and without having to walk out of the job first (art. 50.1.b) ET, the Spanish workers' statute).
Your shift, pay or workplace is changed on you
Challenge to the substantial change or the transfer under art. 138 LRJS, within twenty working days, or termination with twenty days' pay per year of service (arts. 40 and 41 ET).
You are being made miserable at work
Fundamental rights protection claim, heard urgently and with priority, with deterrent damages quantified using the LISOS penalty scale (arts. 177 to 183 LRJS).
FOGASA awards you less than your judgment says
Court claim against the wage guarantee fund's decision within two months of service (art. 33 ET and art. 69.2 LRJS).
Your permanent disability claim is refused
Prior claim within thirty days and court claim within a further thirty, backed by our own medical expert report against the EVI (the disability assessment board) report (arts. 193 to 196 LGSS).
How we work on it
The first job is to stop the clock. For dismissal and for changes to your terms the limit is twenty working days, not calendar days, and filing the conciliation claim with the SMAC suspends it, so that document is prepared the same day you tell us the case. In parallel we do the arithmetic with your contract, your payslips and the collective agreement that applies to you, because the figure the employer puts in front of you rarely matches the one the calculation produces: real length of service, the reference salary with pro rata bonuses, overtime, consolidated allowances. The conciliation hearing is not a mere formality, it is the first real negotiation, and we go into it with the court claim already drafted and a floor agreed with you in advance. If there is no settlement, we sue before the social division of the Tribunal de Instancia, where an employee pays no court fee and where no costs are awarded against them at first instance except for reckless or bad faith litigation. The same lawyer attends the conciliation and the hearing, because whoever negotiated knows the detail that has to be defended afterwards.
Your matter is quoted after the consultation, because every case is different. The consultation fee is credited in full against the engagement if you go ahead.
Frequently asked questions
How many days do I have to challenge my dismissal?
Twenty working days from the effective date of the dismissal. Working days means Saturdays, Sundays and public holidays do not count, so it usually amounts to about a calendar month, but it is a lapse period: once it runs out it cannot be recovered, however strong the merits are. Filing the conciliation claim with the SMAC suspends it, which is why that document has to go out fast.
I signed the settlement document. Can I still claim?
In most cases you can. Signing the receipt proves that certain sums were handed over, but it does not stop you challenging the dismissal unless the document contains a clear and informed waiver of that claim, and even less so if you signed it under pressure or without being able to read it. If you are still in time, write 'no conforme' next to your signature by hand. And if you have already signed, bring us the document: we read it before deciding anything.
Is the SMAC conciliation step compulsory?
For dismissal and for wage claims, yes: without that prior attempt the court claim is not admitted. There are significant exceptions, such as social security benefits, where the prior claim goes to the INSS instead, or the challenge to a substantial change of working conditions, which goes straight to court. We file the conciliation claim, attend the hearing and tell you which offer is worth accepting and which is not.
What does it cost to sue my employer?
The matter is quoted after the consultation, 100 euros for half an hour or 200 euros for a full hour, credited in full against the engagement if you go ahead. Two facts that help you decide: an employee pays no court fee, and no costs are awarded against them at first instance except for reckless or bad faith litigation. In the consultation we also tell you what compensation your own figures produce, so you know what is at stake before paying anything.
Law firm guides on this area
The dispute explained: what action lies, what deadline is running and what has to be proved.
- Dismissed without being heard first: the dismissal is unfair
- You claimed against your employer and were fired: void dismissal
- They are not paying you: end the contract and be paid as if dismissed
- They change your hours, your pay or your workplace: how to fight it
- Harassed at work: the claim that puts a figure on the harm
- FOGASA cuts what you are owed: how to take it to court
- Your permanent disability was refused: how the claim works