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DismissalsMedical LeaveWage ClaimWorkplace HarassmentSMACSanctions
DismissalsMedical LeaveWage ClaimWorkplace HarassmentSMACSanctions

Dismissal Challenge and Severance Claims

Protecting your rights against a dismissal is not an option, it is a necessity. At C&Co. Legal we are employment lawyers experts in challenging dismissals, ensuring you receive the maximum severance you are entitled to or fighting for your reinstatement if the dismissal has violated your fundamental rights.

Comprehensive defense against dismissal

1. Challenge of Unfair Dismissal

We analyze the cause alleged by the company. If there are no legal grounds or formal requirements are not met, we sue to obtain the declaration of unfairness and the severance of 33/45 days per year.

2. Declaration of Void Dismissal and Rights Violation

Experts in achieving the nullity of dismissal in cases of discrimination, pregnancy, maternity/paternity leave, sick leave, or retaliation for union activities, achieving reinstatement and payment of back wages.

3. Calculation and Claim of Final Settlement (Finiquito) and Severance

Do not trust the company's numbers. We calculate down to the cent what they owe you: severance pay, untaken vacation, proportional part of extra pays, and pending wages.

Were you dismissed?

The deadline to claim is only 20 days. Do not sign anything without legal advice. We perform a free initial filter. The legal analysis of the dismissal is carried out through a contracted consultation.

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Legal questions about dismissals.

Technical and direct answers regarding deadlines to claim, types of dismissal, severance pay, final settlements, and how to act before the SMAC and the Labor Courts of Madrid.

The deadline is very short: only 20 business days (Saturdays, Sundays, and holidays do not count) from the effective date of the dismissal. It is crucial to act fast to file the conciliation paper before the SMAC within this deadline, otherwise you will lose your right to claim.

An unfair dismissal (improcedente) is one that has no legal cause or does not meet formal requirements, and entails the payment of severance (generally 33/45 days per year). A void dismissal (nulo) is one that violates fundamental rights or public freedoms of the worker (or in cases of pregnancy, sick leave, etc.), and implies immediate reinstatement with payment of processing wages.

The final settlement is the proposal for liquidating pending amounts at the end of the employment relationship (days worked in the month, proportional part of extra pays, untaken vacation). They must deliver it and pay it on the same day the dismissal takes effect, regardless of whether you sign the dismissal letter or not.

You can sign it, but it is ESSENTIAL that before your signature you write the phrase "NO CONFORME" (Disagreed) and the date. This is fundamental to be able to claim later. If you refuse to sign, the company can use witnesses to prove delivery, but signing as 'disagreed' is the safest strategy.

C&Co. Legal Experts

Specialized legal advice and defense with a clear, rigorous strategy oriented towards realistic solutions.

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carolinoliv@icam.es+34 638 012 696

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