Time limits for a labour claim

When the employment relationship between an employee and a company comes to an end, there are often disputes and disagreements with the terms offered by the company. In such cases, the employee has the possibility to make a claim in order to enforce his or her rights. However, the deadlines for doing so are quite strict. Therefore, thanks to the help of our employment lawyers, we will try to specify them as clearly as possible in this article.

Under what circumstances can a labour claim be lodged?

A labour claim can be brought in a wide variety of cases. However, in general, it is usually brought on the grounds of unfair or fair dismissal for reasons not accepted by the employee, for the termination of the employment relationship by the employee in case he/she is suffering some kind of harassment, such as mobbing, or for the purpose of making a claim for an amount.

What is the process for making a labour claim?

Labour law contemplates the same claim procedure for all the cases mentioned above. Specifically, it consists of the following phases:

1. Conciliation proceedings. This takes place at the Conciliation Centre, which is a purely administrative body. In it, the worker must present a labour claim in which he/she states his/her demands to the company in return for what the company had offered him/her on the occasion of the dismissal or termination of the contract. This is sent to the company's headquarters together with a summons for a specific date and time. In the event that the company shows its disagreement or simply does not show up, an official record is drawn up which has the value of a court judgement.
2. Labour lawsuit in the labour court. If a conciliation agreement has not been reached, the employee can file a labour lawsuit for unjustified dismissal or for any other of the reasons already mentioned in this judicial body. The judge will then send the company a copy and summon it for a trial. On the same day, just before the trial, the judge again urges the parties to reach a conciliation agreement. If this does not happen, a trial takes place in which the worker and the company present their respective evidence in the form of documents or statements from witnesses and experts. After the conclusions have been made, the trial is scheduled for judgment. Judgment will be handed down on the basis of the magistrate's assessment of the evidence.
3. Appeal for judicial review in the High Court of Justice of the Autonomous Community to which the worker belongs. At the conclusion of the trial, the judge will issue a sentence with terms that both parties must comply with. However, in the event that the worker or the company does not agree, they have the possibility of lodging an Appeal in Labour Appeals at the High Court of Justice of the Autonomous Community in which they are located. In principle, the judgement handed down by this court is the one that puts an end to the judicial process, but there are exceptions. In fact, if it is shown that two High Courts of Justice have in the past handed down two contradictory judgments in cases similar to the one at issue, it is possible to appeal by means of an appeal in cassation to the Supreme Court, whose seat is in Madrid. This court will ultimately have the last word.

What are the time limits for filing a labour claim?

The time limits for filing a labour claim differ from case to case. This is mainly due to the fact that labour law has an expiry date and that the legislation in force provides for exceptions and considerations for each particular case. However, a number of common patterns can be identified.

Reason for dismissal from employment, whether justified or unjustified

The claim by the employee must be filed within a maximum period of 20 working days (not counting holidays or weekends) from the moment the termination of the contract took place. Failure to do so within this period of time automatically results in the disappearance of the employee's rights in this respect.

Claims for payment.

In fact, in this case, the time limit is set at a maximum period of one year. This is an aspect to be taken into account by the worker. Because of it, he/she will not be able to request that back wages older than one year be paid to him/her. 

To illustrate what we mean, let us give a brief example. Imagine that a worker has been working in a company for a period of 5 years and has been paid less than the Collective Bargaining Agreement for his sector. In the event that he/she files a labour lawsuit after that time, he/she will only be able to claim the corresponding amounts owed during the last 12 months and, therefore, he/she will lose the right to collect the previous ones.

Unilateral termination of the employment relationship by the employee in cases of mobbing or similar factors.

Unfortunately, the law stipulates that, in the event that the employee leaves his or her job for this reason, he or she is not entitled to make a claim. It is therefore a prerequisite that the employment relationship with the company is still in force at the time of filing the claim. Obviously, the law states that in this case there is no maximum time limit for making a claim.

At G.Elias y Muñoz Abogados we hope, with this article, to have resolved any doubts you may have regarding the deadlines established by law for making labour claims after a dismissal, a claim for payment or a case of 'mobbing' and that, in addition, you are clearer about the process you should follow in the event that you find yourself in any of these situations, please do not hesitate to contact us if you have any questions or queries.