Best Wrongful Termination Lawyers in Villares de la Reina

About Wrongful Termination Law in Villares de la Reina, Spain

Wrongful termination in Spain generally refers to a dismissal that is either unfair or void under the Estatuto de los Trabajadores, the national employment law that applies equally in Villares de la Reina and throughout Spain. A dismissal may be classified by a court as fair, unfair, or void. Unfair dismissal happens when the employer cannot prove the legal grounds or has not followed required procedures. Void dismissal applies when fundamental rights are violated, such as discrimination or dismissals related to pregnancy or legally protected leaves. Although the laws are national, your procedures will be handled locally through the conciliation service and labor courts in the province of Salamanca.

Why You May Need a Lawyer

You may need a lawyer if you received a disciplinary dismissal without clear facts or evidence, if you were given an objective dismissal that does not show real economic or organizational reasons, or if you suspect discrimination due to gender, pregnancy, disability, union activity, or other protected factors. Legal help is especially important if you were on a temporary contract that may have been used incorrectly, if you were asked to sign a settlement or acknowledgment of payment you do not agree with, or if your company failed to give proper notice or severance. A lawyer can calculate potential compensation, review your collective agreement, preserve evidence, represent you at the mandatory conciliation meeting in Salamanca, and file a timely claim within strict deadlines. In Spain you can also be represented by a Graduado Social, a specialized labor representative, but professional guidance is still highly recommended.

Local Laws Overview

Spain recognizes several types of dismissal. Disciplinary dismissal is based on alleged serious misconduct and does not require notice, but it must be supported by proven facts described in a written letter. Objective dismissal is based on economic, technical, organizational, or production reasons, or on objective causes related to the employee such as lack of adaptation. It requires a written letter, 15 days notice or pay in lieu of notice, and generally a severance of 20 days of salary per year of service with a 12 month cap if the dismissal is later judged fair. Collective dismissal applies when thresholds of affected workers are reached within 90 days and requires a formal consultation process.

If a court declares a dismissal unfair, the employer must choose between reinstating you with back pay in some cases or paying compensation. The typical unfair dismissal compensation is 33 days of salary per year of service with a cap of 24 months. For service accrued before 12 February 2012, there is a transitional calculation at 45 days per year up to a higher combined cap, subject to statutory limits. If the dismissal is declared void, reinstatement is mandatory with payment of back wages and Social Security contributions.

Procedurally, you usually must file a conciliation request known as a papeleta de conciliación before bringing a lawsuit. In Villares de la Reina this is handled by the Unidad de Mediación, Arbitraje y Conciliación, commonly referred to as UMAC, of the Junta de Castilla y León in Salamanca. Presenting the papeleta pauses the clock on the litigation deadline until the conciliation attempt takes place. If there is no agreement, you can then file a claim in the Juzgado de lo Social of Salamanca. Workers are exempt from court fees in labor matters.

Deadlines are very short. To challenge a dismissal, you have 20 business days counting from the day after the termination date. Weekends and public holidays do not count, and August counts as business days in labor matters. Keep every document you receive, including the dismissal letter, payroll slips, the settlement sheet known as finiquito, and any emails or messages related to performance or reorganization. If you are asked to sign documents you disagree with, you can sign as received but not in agreement by writing recibido no conforme alongside your signature.

Special protections apply. Dismissals related to pregnancy, parenthood, breastfeeding, reduction of working hours for care, victims of gender violence, and other rights connected to equality and non discrimination are generally void unless the employer proves unrelated fair grounds. Union representatives have additional procedural protections. Whistleblowing and retaliation issues are also prohibited under Spanish law.

Temporary contracts must comply with the 2021 labor reform. Misuse of temporary hiring, such as lack of a valid reason or exceeding allowed durations, can mean you are treated as indefinite. Termination in those cases can be contested as an unfair dismissal. If the company is insolvent or refuses to pay, the Fondo de Garantía Salarial, known as FOGASA, may cover part of unpaid wages or severance within legal limits.

After a dismissal you may qualify for unemployment benefits if you meet contribution requirements. Apply promptly through the Servicio Público de Empleo Estatal, known as SEPE, within 15 business days from the day after termination. Register as a job seeker with the regional employment service, ECYL, in Castilla y León.

Frequently Asked Questions

What counts as wrongful termination in Spain?

Wrongful termination typically refers to dismissals later declared unfair or void. Unfair means the employer did not prove legal grounds or did not follow procedures. Void means the dismissal violated fundamental rights or legal protections, for example dismissal due to pregnancy, discrimination, or exercising protected rights.

How long do I have to challenge my dismissal in Salamanca?

You have 20 business days starting the day after your termination date to initiate the conciliation process. Weekends and public holidays do not count. August counts as business days in labor proceedings, so do not wait. Filing the conciliation request pauses the deadline until the meeting or an official attempt takes place.

Do I have to sign the finiquito or a resignation?

No. If you disagree with the figures or the content, you can sign as received but not in agreement by writing recibido no conforme. Never sign a resignation or a document you do not understand. Ask for a copy and seek legal advice before signing.

How is unfair dismissal compensation calculated?

The general rule is 33 days of salary per year of service, with a maximum of 24 months. For time worked before 12 February 2012, compensation is calculated at 45 days per year for that period, subject to legal caps. The exact amount depends on your daily salary, allowances, and length of service.

What if I was on a temporary contract?

Temporary contracts must have valid, specific reasons and respect duration limits under the labor reform. If the contract was used improperly or renewed in a way that hides a permanent need, you may be deemed an indefinite employee, and termination can be contested as unfair.

Can I be dismissed while pregnant or on sick leave?

Dismissing a worker because of pregnancy, maternity, paternity, or related rights is generally void and leads to reinstatement. Dismissal during a sick leave is not automatically void, but if the reason is discriminatory or violates your rights it can be void or unfair. The employer must prove lawful grounds unrelated to your protected status.

What happens at the conciliation meeting in Salamanca?

The UMAC in Salamanca will schedule a meeting where both sides can negotiate. If there is an agreement, it is recorded and enforceable. If there is no agreement, an acta sin avenencia is issued and you can file your claim in the labor court. Bring your documents and be ready to explain your case.

Do I need a lawyer to go to court?

Having a lawyer or a Graduado Social is not mandatory for the first instance in labor court, but it is highly advisable. Professionals know local practice, deadlines, evidence strategy, and how to calculate compensation and back pay accurately.

Will challenging my dismissal affect my unemployment benefits?

You can apply for unemployment while challenging the dismissal, provided you meet contribution requirements and register within the 15 business day deadline. If a court later orders reinstatement with back pay, SEPE will adjust benefits according to the decision.

What if the company cannot pay my severance or wages?

FOGASA, the wage guarantee fund, can cover certain unpaid wages and severance up to statutory limits when the employer is insolvent or in insolvency proceedings. You may need a court or administrative declaration of insolvency to claim from FOGASA.

Additional Resources

Unidad de Mediación, Arbitraje y Conciliación UMAC of the Junta de Castilla y León in Salamanca, for filing the conciliation request before litigation.

Juzgados de lo Social de Salamanca, the labor courts that hear dismissal claims for Villares de la Reina and the province.

Inspección de Trabajo y Seguridad Social de Salamanca, for complaints about labor rights violations and to request inspections when appropriate.

Servicio Público de Empleo Estatal SEPE, for unemployment benefits and contributions records.

Servicio Público de Empleo de Castilla y León ECYL, for registering as a job seeker and employment services.

Fondo de Garantía Salarial FOGASA, for guarantees on unpaid wages and severance in cases of employer insolvency.

Ilustre Colegio de Abogados de Salamanca, for referrals to local labor lawyers.

Trade unions in Salamanca, such as CCOO and UGT, which provide advice and representation to members in dismissal matters.

Next Steps

Step 1 - Do not delay. Note the termination date and calculate the 20 business day deadline. Keep all documents, including the dismissal letter, finiquito, payroll slips, and any correspondence.

Step 2 - Apply for unemployment if eligible. Register with ECYL and submit your SEPE application within 15 business days of termination.

Step 3 - Get legal advice quickly. Consult a labor lawyer or Graduado Social in Salamanca. Bring your contract, payslips, dismissal letter, and your collective agreement if you have it.

Step 4 - File the papeleta de conciliación at the UMAC in Salamanca. This pauses the deadline until the conciliation attempt takes place. Attend the meeting prepared to negotiate.

Step 5 - If there is no agreement, file a claim at the Juzgado de lo Social in Salamanca before your time limit expires. Your representative will draft the claim, propose evidence, and request reinstatement or compensation as appropriate.

Step 6 - Preserve evidence and witnesses. Save emails, work schedules, performance records, medical certificates, and contact details of colleagues who can testify. Do not share sensitive information publicly.

Step 7 - If the employer is insolvent or refuses to pay, ask your representative about initiating insolvency incidents and applying to FOGASA for coverage.

This guide is informational and not legal advice. For a tailored assessment of your situation in Villares de la Reina, speak with a local labor law professional as soon as possible.