Conflicts with an employer, whether a dismissal, a disciplinary penalty, wages that never arrive or a situation of harassment, are often decided on short deadlines and on points of procedure. At Perseus & RC Abogados, in A Coruña, we defend your rights as an employee and tell you plainly what you can claim and what real room for manoeuvre you have.
How we can help
- Dismissals: challenging the dismissal, calculating the severance and claiming for unfair or void dismissal.
- Unpaid wage claims: wages, overtime, extra payments, holiday and other amounts left unpaid.
- Penalties and disciplinary files: review and challenge when they are unjustified or fail to follow proper form.
- Incapacity: claims against decisions on temporary or permanent incapacity.
- Workplace harassment and breach of rights: action against mobbing and the infringement of fundamental rights at work.
Dismissal: mind the deadline
If you have been dismissed, you have 20 working days to challenge it. Letting those days slip by is the costliest mistake made in employment matters. Before you sign the dismissal letter as “agreed” or accept a final settlement, it is wise to have someone check whether the dismissal actually holds up and whether the compensation is the amount you are owed. We go into this in detail in what you can claim after a dismissal.
How we work
We study your case, give you a realistic assessment of the options and the deadlines, and look for the most effective route: an agreement first when it makes sense, and a claim before the social courts when there is no meeting of minds. Approachable, and without tangled legal jargon.
Frequently asked questions
I've been dismissed, how long do I have to challenge it?
Twenty working days from the dismissal (Saturdays, Sundays and public holidays do not count). It is a very short limitation period: once it passes, you lose the right to contest the dismissal, however unfair it may have been. That is why it pays to seek advice straight away.
How much am I entitled to for an unfair dismissal?
As a general rule, compensation for unfair dismissal comes to around 33 days' salary per year worked, with caps and with special rules for seniority accrued before 2012. The figure depends on your salary and your length of service, so it is worth working it out carefully before agreeing to anything.
My employer owes me wages or other amounts, can I claim them?
Yes. You can claim unpaid wages, overtime, extra payments, untaken holiday or any other outstanding amounts through the appropriate procedure. Each item has its own deadline, so it is best not to let it drift.
I've been given a disciplinary file or a penalty, what can I do?
A penalty can be challenged if it is not justified or if the formal requirements were not met. It is worth reviewing it as soon as possible, because deadlines apply here too, and a penalty left poorly defended can pave the way for a later dismissal.
What can I do about a situation of workplace harassment?
Workplace harassment (mobbing) can give grounds to terminate the contract with a right to compensation, to claims for damages and, depending on the case, to other routes. The key is to document what is happening and get advice early so you can choose the most suitable course of action.