Four steps, in order, from the day you receive the letter.
1Sign the letter as “recibido, no conforme” (received, not in agreement) and check the final settlement (finiquito) before signing it.
2Note the date of the dismissal: the 20 working days start counting from the following day.
3File the conciliation request (papeleta de conciliación) with the SMAC, CMAC or equivalent: it is compulsory before bringing a claim and it suspends the deadline.
4If no agreement is reached at conciliation, file the claim with the employment court (Juzgado de lo Social).
Guide
Dismissals: types and compensation
If you have been dismissed, do not sign anything in a hurry: you have 20 working days to claim. A dismissal lawyer reviews the letter, checks the grounds and the formalities and calculates your compensation.
01
Types of dismissal
Disciplinary (despido disciplinario): a serious and culpable breach; if it is declared fair, there is no compensation (which grounds justify it).
Objective (despido objetivo): economic, technical, organisational or production reasons, among others; 15 days’ notice and 20 days’ pay per year (up to a maximum of 12 months’ pay).
Collective (ERE): exceeds the legal thresholds and requires a consultation period.
Your gross daily pay, including the proportional part of the extra payments (pagas extra), is multiplied by the days that apply per year (20 for an objective dismissal, 33 for an unfair one) and by the years worked, calculated pro rata by month. It is exempt from personal income tax (IRPF) up to the amount that is compulsory by law, with a limit of €180,000.
How it is classified
Fair, unfair or null and void
The court classifies the dismissal in one of these three ways.
01
Fair (procedente)
The company proves the grounds and complies with the formalities.
Compensation
None in a disciplinary dismissal; 20 days' pay per year in an objective one.
What happens to your job
The dismissal is upheld.
02
Unfair (improcedente)
The grounds are not proven or the formalities are not respected.
Compensation
33 days' pay per year, up to a maximum of 24 months' pay.
What happens to your job
The company chooses: reinstate you with wages for the period of the proceedings (salarios de tramitación) or pay you compensation.
03
Null and void (nulo)
It violates fundamental rights or affects protected situations, such as pregnancy or leave for the birth and care of children.
Compensation
You are paid the wages you stopped receiving.
What happens to your job
Immediate reinstatement.
Strict time limit
You have only 20 working days to challenge it
The deadline starts the day after the dismissal, and Saturdays, Sundays and public holidays do not count. Once it has passed, you can no longer claim.
The date of the dismissal, the letter and the final settlement (finiquito): that's all we need.
02
02A specialist
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A lawyer specialising in dismissals studies your case and contacts you.
03
03No obligation
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Frequently asked questions
Questions about dismissal
How long do I have to claim against a dismissal?
20 working days from the day after the dismissal. Filing the conciliation request (papeleta de conciliación) suspends the deadline, but it is best not to leave it to the last minute.
What happens if I sign the final settlement (finiquito)?
Signing the letter only confirms that you have received it. The final settlement may count as full and final settlement: if you do not agree, add “no conforme” (not in agreement) or get advice first.
How much am I entitled to for an unfair dismissal?
33 days' pay per year worked, up to a maximum of 24 months' pay. Time worked before 12 February 2012 is calculated at 45 days per year.
Am I entitled to unemployment benefit if I am dismissed?
Yes: any dismissal, including a disciplinary one, puts you in a legal situation of unemployment if you have paid the minimum contributions. Accepting the compensation or challenging the dismissal does not stop you receiving it.
What is a null and void dismissal?
One that violates fundamental rights (retaliatory or discriminatory) or affects protected situations, such as pregnancy. It obliges the company to reinstate the worker and pay the wages they stopped receiving.
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