Disciplinary sanctions
An unfair sanction can be the first step towards a dismissal. We review yours and help you challenge it in time.
What it involves
A disciplinary sanction is the measure the company takes when it considers that you have committed an offence: arriving late, missing work, disobeying an order or behaving inappropriately. It can range from a warning to a suspension without pay. Offences and their sanctions are usually set out in the collective agreement (convenio colectivo), and if the sanction is unfair or does not follow the proper formalities, it can be challenged.
Is this your case?
- You have been given a warning letter for something you didn't do or that didn't happen that way.
- You have been suspended without pay for a few days and you disagree.
- The punishment is out of proportion to what happened.
- You are sanctioned, but colleagues who do the same are not.
How we help
We read the sanction letter and check whether the facts are properly described and whether they fit your collective agreement. We explain how to sign to acknowledge receipt without accepting its content, and we gather evidence in your favour. Where appropriate, we file the request for conciliation (papeleta de conciliación) and the claim to have the sanction overturned or reduced. It is best to act quickly, because the time to challenge it is short. 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 the sanctions keep coming and you think they are trying to get rid of you, we check whether there is workplace harassment or a possible dismissal.
Frequently asked questions
- What is the difference between a warning and a suspension without pay?
- A warning (amonestación) is a notice, verbal or written, usually for a minor offence. A suspension without pay (suspensión de empleo y sueldo) is more serious: you are kept off work for a time without being paid. Both can be challenged.
- Can they sanction me without telling me in writing what I have done?
- In general, the more serious sanctions must be notified in writing and explain the facts. If the letter is vague or doesn't exist, that may be grounds for the sanction to be overturned.
- Can a sanction at work affect my residence permit?
- On its own, usually not. What you need to watch is that it does not end in a dismissal or a drop in your income, because that can affect a renewal.
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A first conversation — confidential and without obligation — to understand whether we can help, and how.
We speak Spanish, Arabic, Tamazight (Berber), French and English.