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Wrongful termination, known in Spain as "despido improcedente" or "despido nulo," happens when an employer ends an employment contract without fair cause or violates legal procedures. In Salamanca, like the rest of Spain, there are strict rules about how and why an employee can be dismissed. The law sets out legitimate grounds for termination, such as disciplinary issues or objective (economic or performance-related) reasons. If these grounds are not properly justified or due process is not followed, the dismissal may be deemed wrongful, giving the employee certain rights and remedies.
Many situations may require the help of a specialized labor lawyer in Salamanca. If you suspect that your termination did not follow legal requirements, it is important to seek professional advice. Common scenarios include dismissals without written notice, lack of explanation for the dismissal, sudden layoffs during protected periods such as maternity leave or illness, or discrimination based on race, gender, religion, or age. Additionally, if the compensation offered seems inadequate or if your employer has not paid outstanding wages or benefits, a lawyer can help you defend your rights and guide you through complicated legal processes.
In Salamanca, wrongful termination is governed by the Spanish Workers’ Statute ("Estatuto de los Trabajadores") and applicable Spanish labor law. Key points include:
Wrongful termination occurs when an employer does not have a legally valid reason for dismissal or does not follow required legal procedures such as providing a written dismissal letter and observing notice periods.
Only in cases of serious and proven misconduct can an employer terminate without notice. Even then, the reasons must be clear, specific, and documented.
You should collect all documentation related to your employment and dismissal and consult with a labor lawyer as soon as possible. Keep in mind there are strict deadlines for taking legal action.
If your dismissal is declared void, you can usually demand reinstatement in your former position along with payment of lost wages. If the dismissal is unfair, you may choose between compensation or reinstatement.
Compensation is generally based on your salary and tenure, typically 33 days of salary per year of service, but calculation may vary depending on when the employment started.
Yes, dismissals during protected periods, such as during pregnancy, after returning from maternity or paternity leave, or for union activities, are generally declared void unless there is clear justification unrelated to these circumstances.
You have 20 working days from the date of dismissal to submit a legal claim (demanda) to the labor courts in Salamanca.
You should gather your employment contract, payslips, the dismissal letter, any correspondence about the termination, and evidence of your job performance or disputes.
Yes, in most cases a preliminary conciliation process ("acto de conciliación") through the Mediation, Arbitration and Conciliation Service (SMAC) is required before the matter reaches the courts.
Yes, you are entitled to claim any outstanding salaries, unused vacation days, or other benefits owed to you at the time of termination.
For further assistance and up-to-date information on wrongful termination in Salamanca, the following resources can be useful:
If you are facing or suspect wrongful termination in Salamanca, act quickly to protect your rights. Start by gathering all relevant employment documents, including your contract, payslips, and the dismissal letter. Consider contacting a specialized labor lawyer in Salamanca who can review your case and advise you on the best course of action. Remember that the legal window for challenging a dismissal is short, usually 20 working days. You will likely need to participate in a mediation or conciliation step before proceeding to court. Taking prompt and informed action increases your chances of receiving fair compensation or being reinstated in your job.
