What to do in the event of dismissal? Legal action to take

Nowadays, taking into consideration the economic situation we are living in, it is common for us directly or for any family member to be affected by a redundancy procedure.

It is very important that we know about dismissal and what legal action to take in the event of dismissal.

When we are dismissed, the company will give us a letter of dismissal in which they will inform us of the reasons for the dismissal. These may be disciplinary, objective or other reasons that must be analysed. In the event that we are given a letter of dismissal and it is verbal, we must urgently contact a lawyer specialised in labour law. The letter of dismissal must always be received, although at the bottom of the letter we must write the expression "received and not in agreement". With this we save our rights, but it is very important to receive the letter because in this way our lawyer will know the reasons why we have been dismissed and the actions to take against the dismissal.

In objective dismissals for economic, technical and organisational reasons, the company, at the time of notification of dismissal, must provide compensation equivalent to 20 days' pay per year of service worked. If this is not the case, unless the company can prove that it is financially impossible to do so, the dismissal will be declared unfair.

Once we have the letter, we must contact our lawyer as a matter of urgency, as we have an expiry period of 20 days to challenge the dismissal before the Mediation, Arbitration and Conciliation Service (SMAC) by means of the conciliation paper and then, within the aforementioned period, file a lawsuit before the Court.

Once the act has taken place, we can reach an agreement in the SMAC or not. In this case, we will have to file a claim for dismissal, which must be assisted by a lawyer.

In this claim, our Lawyer will explain the reasons for contesting the dismissal and the means of proof proposed for the future trial to be held. Once the claim has been filed, it is distributed and the assigned court will summon us to the trial. Beforehand, and within the legal deadlines, the means of proof initially proposed can be extended.

Once the trial has been held, a judgement will be handed down in which the dismissal will be classified as:

• a) Appropriate
• b) Inappropriate
• c) Null

In the case of unfair dismissal, the company must opt for reinstatement or termination within five days of the judgement. In the first case, it must pay the wages for processing, and in the second case, the compensation established in the judgement.

If the dismissal is declared null and void, the company must reinstate the employee in the same conditions as before the dismissal.

An appeal against the judgement may be lodged within five days.

If you have been dismissed contact G.Elías y Muñoz Abogados in any of our Law Firms in Madrid where a labour lawyer will advise you...