Unfair dismissal in Spain is despido improcedente. The same events are also described as wrongful dismissal, constructive dismissal (an employee leaving because of the employer's conduct, which Spanish law treats under its own rules) or a dispute over severance pay (indemnización) and the final settlement (finiquito). This service is for employees who were dismissed and want to contest it, and for employers facing a dismissal or a labour dispute. English-speaking registered employment lawyers (abogados laboralistas) explain the options and represent you. Some older lists and lawyer pages call this service “Employment Law: Dismissals & Disputes”.
Usually the lawyer first reviews the contract, the dismissal letter and the messages with the employer. A claim for conciliation is then filed with the conciliation service, and if no agreement is reached, a claim goes to the labour court (Juzgado de lo Social). The time limit is strict, short and counted in working days from the dismissal, so a dismissal letter is best taken to a lawyer straight away. A signed settlement or finiquito can affect rights, depending on its wording.
Employers are advised on the procedure and represented in conciliation and court. Related matters are employment contracts, unpaid wages and, for a foreign worker who loses a job, residence status (see work visa). This page is general information, not legal advice.
Severance pay (indemnización) is compensation for the dismissal. The finiquito is the settlement of pay and holidays still owed at the end of the job.
The time limit is short and strict, counted in working days from the dismissal. Waiting is risky.
An attempt at conciliation normally comes before a claim in the labour court.
Unemployment benefit (paro) has its own deadlines, which are worth asking about at once.
Lawyers can explain each step in English. Documents and hearings are in Spanish.
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