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SabahAbogados

Dismissals

If you have been dismissed, act as soon as possible: the time to claim is short. We review your case and defend your rights against the company.

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What it involves

A dismissal is the company's decision to end your contract. It can be disciplinary, for objective reasons or collective, and the law requires it to be based on certain grounds and carried out with certain formalities. If these are not met, the dismissal can be declared unfair (improcedente) or void (nulo), and you may be entitled to compensation or to go back to your job.

Is this your case?

  • You have been given a dismissal letter and you disagree with the reasons.
  • You have been dismissed without a letter, verbally or by WhatsApp.
  • You believe you were dismissed for being on sick leave, for being pregnant or for claiming your rights.
  • The company has not paid your final settlement (finiquito) or your compensation.

How we help

We review your dismissal letter, your contract and your payslips to see whether the dismissal complies with the law. We file the request for conciliation (papeleta de conciliación) and, if no agreement is reached with the company, the claim before the employment court (juzgado de lo social). If your residence permit depends on your job, we also explain how it affects you. As the time limit to claim is very short, contact us as soon as you receive the letter. We can help you in Spanish, Arabic, Tamazight, French and English, at our offices in Tenerife, Gran Canaria, Málaga and Barcelona or online, wherever you are in Spain.

If you are owed money, we can also make a wage claim, and if your card expires soon, we look at renewing your NIE (TIE card).

Frequently asked questions

What should I do if I have just been dismissed?
Don't sign anything without reading it carefully and, if you do sign, write «no conforme» (not in agreement) next to your signature. Keep the letter and your payslips, and contact us as soon as possible, because the time limit to claim is very short.
What is the difference between an unfair dismissal and a void dismissal?
It is unfair (improcedente) when the company does not prove the reason or does not follow the required formalities; the company can then choose to take you back or pay you compensation. It is void (nulo) when it breaches your fundamental rights, for example through discrimination or because of a pregnancy; in that case the company has to take you back.
If I lose my job, do I lose my papers?
Not necessarily. In many cases you can renew your permit even if you have lost your job. We explain how it affects you depending on your situation.

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Let's talk

Tell us about your case.

A first conversation — confidential and without obligation — to understand whether we can help, and how.

We speak Spanish, Arabic, Tamazight (Berber), French and English.