Best Wrongful Termination Lawyers in Bilbao

About Wrongful Termination Law in Bilbao, Spain

Wrongful termination in Bilbao is governed primarily by Spanish national labor law - the Estatuto de los Trabajadores - and by regional rules and practice in the Basque Country. Dismissal disputes are decided in the Juzgados de lo Social - the labor courts - and can involve administrative mediation or conciliation before going to court. Not all dismissals are wrongful. Spanish law recognises different types of dismissal - disciplinary, objective, collective and nullity-based - and offers specific remedies depending on the grounds and the employer?s procedure. Remedies may include reinstatement, back pay, or statutory compensation. Time limits and formal requirements are strict, so acting promptly is important.

Why You May Need a Lawyer

Handling a dismissal claim involves legal, procedural and factual complexities. You may need a lawyer if any of the following apply:

- You were dismissed without a clear, written reason or with a verbal explanation only.

- You suspect the dismissal was discriminatory - for example because of gender, pregnancy, age, disability, religion, nationality, trade union activity or whistleblowing.

- The employer failed to follow required procedures - for example no written notice, no 15-day notice for objective dismissal, or failure to consult with employee representatives in a collective dismissal.

- You face competing offers from the employer - such as a settlement, "finiquito" or signing a release - and you are unsure if the amount is fair or if you should accept reinstatement instead.

- The dismissal involves complex pay calculations - for example mixed service periods spanning the 2012 labor reform, bonuses, commissions, or unpaid overtime.

- You want to start a claim and need help with the mandatory mediation or conciliation steps and, if necessary, filing a claim in the Juzgado de lo Social.

Local Laws Overview

Key legal points to understand in Bilbao and the Basque Country include:

- Types of dismissal: disciplinary (for misconduct), objective (economic, technical, organisational or production-related reasons), collective (mass redundancies), and null dismissal (where fundamental rights are breached). Each type has different rules and consequences.

- Formal requirements: Dismissals must generally be communicated in writing with an explanation of the reasons. Objective dismissals require 15 days notice or payment in lieu.

- Remedies: If a dismissal is declared null, the employer must reinstate the worker and pay full back pay. If unfair or "improcedente", the employee typically can choose between reinstatement with back pay or statutory compensation.

- Compensation rules: Compensation for unfair dismissal is calculated under statutory formulas. After the 2012 reform, the common rate is 33 days salary per year of service with a maximum cap. For service prior to the 2012 reform, legacy rules giving higher rates may apply, and mixed calculations can be required. Exact amounts depend on contract dates and service record.

- Time limits: Claims must usually be initiated quickly. The common deadline to file a labour claim is 20 working days from the effective date of dismissal after completing mandatory conciliation. Working days exclude weekends and public holidays.

- Procedural steps: Many cases begin with a request for mediation or conciliation before the labour court. If conciliation fails, a demand (demanda) may be filed with the Juzgado de lo Social.

- Local bodies: Employment services, labour inspectorates and regional mediation services operate in the Basque Country. Trade unions and the local bar association can advise and assist in many cases.

Frequently Asked Questions

What counts as wrongful or unfair dismissal in Bilbao?

Wrongful or unfair dismissal generally means the employer dismissed you without valid legal grounds, failed to follow mandatory procedures, or dismissed you for discriminatory or retaliatory reasons. The labour court will consider the reason given, the employer?s evidence and whether lawful processes were followed.

How long do I have to challenge a dismissal?

You must act quickly. The usual deadline is 20 working days from the effective date of dismissal to initiate a claim after attempting conciliation. Because of strict procedural timeframes, contact a lawyer or a union right away to start the mediation process and preserve your rights.

What remedies can I get if the court finds the dismissal wrongful?

There are two main remedies. If the dismissal is declared null, you are entitled to immediate reinstatement and full back pay. If declared unfair or "improcedente", you can generally choose reinstatement with back pay or compensation based on statutory formulas. Courts also may require employers to correct paperwork and social security records.

What is null dismissal and when does it apply?

Null dismissal applies when an employer violates constitutional or fundamental rights - for example dismissal for discriminatory reasons, dismissal of a pregnant worker without proper safeguards, or dismissal in breach of freedom of association. Null dismissals require reinstatement and full back pay.

Can I be dismissed because of pregnancy, maternity or union activity?

No. Dismissal for reasons linked to pregnancy, maternity, paternity, or trade union activity is specially protected and is likely to be declared null or unfair. Employers must prove legitimate, unrelated reasons for dismissal in such cases.

What documents should I gather after dismissal?

Collect your employment contract, termination letter, recent payslips, social security statements, any written warnings or disciplinary records, emails or messages related to the dismissal, final pay calculation or finiquito, and witness contact details. Keep a timeline of events and any evidence of discriminatory or retaliatory conduct.

Should I sign the "finiquito" or any release offered by the employer?

Be cautious. The finiquito is the employer?s final settlement calculation and often includes a proposal for payment in exchange for signing a document. Signing can affect your ability to challenge the dismissal. Before signing, get legal advice to ensure the amount is correct and that you are not giving up important rights.

Can temporary or probation workers challenge dismissal?

Yes. Workers on temporary contracts or probationary periods still have rights. Dismissal must comply with the contract terms and applicable law. Unlawful motives or procedural defects can give rise to claims even for temporary employees.

Do I have to use mediation or conciliation before going to court?

Yes. Most dismissal disputes begin with mandatory administrative mediation or conciliation. If conciliation fails, you can file a claim in the Juzgado de lo Social. A lawyer can help prepare and represent you at the conciliation session.

Can I get legal aid if I cannot afford a lawyer?

Yes. Spain provides free legal aid - asistencia jurídica gratuita - for people who meet financial and legal criteria. The local bar association and social services can advise about eligibility and how to apply. Many trade unions also provide legal support to members.

Additional Resources

Useful local bodies and organisations to contact or research include:

- Juzgados de lo Social in Bilbao - the labour courts that hear dismissal claims.

- Inspección de Trabajo y Seguridad Social - the labour inspectorate that can investigate labour-law breaches.

- Basque public employment services - for information on unemployment rights and benefits.

- Trade unions active in the Basque Country - such as regional and national unions that provide advice and representation.

- Ilustre Colegio de la Abogacía de Bizkaia - the local bar association which can help find specialised labour lawyers and explain legal aid options.

- Local mediation and conciliation services - used to attempt early resolution before court.

Next Steps

Follow these steps if you believe you have been wrongfully terminated in Bilbao:

- Act quickly. Note the date you were dismissed and start the conciliation process as soon as possible to meet strict deadlines.

- Gather documents. Collect contracts, payslips, termination letters, communications and any proof that supports your case.

- Seek advice. Contact a labour lawyer, your trade union or the local bar association for an initial assessment. If you cannot afford a lawyer, ask about legal aid or union representation.

- Do not sign anything immediately. Do not sign a finiquito or settlement without legal advice. Signing waivers can limit your ability to claim later.

- Attend conciliation prepared. A lawyer or union representative can represent you at the mediation. If conciliation fails, be prepared to file a claim in the labour court.

- Keep records. Maintain a clear timeline, copies of all documents and any witness contact details. Good documentation strengthens your claim.

If you are unsure where to start, contact the Ilustre Colegio de la Abogacía de Bizkaia or a recognised trade union for referrals to experienced labour lawyers in Bilbao. Acting early and getting specialist advice will increase your chances of a satisfactory result.