How to act in the event of unfair dismissal
After the labor reform imposed by the Spanish Government in 2012, dismissal from 45 to 33 days per year worked with a maximum of 24 months in the case of unfair dismissals . The first thing you must analyze are the causes of your dismissal, and whether these are objective or not, since based on these reasons you will be entitled to compensation or another. In the event that you consider that you have been dismissed unfairly, we will try to explain to you in the best way how to act in the event of unfair dismissal.
The first option you have before the dismissal is to accept it or not accept it. If you agree, you can apply for the unemployment benefit within 15 days. If you do not agree, you must sign the documentation that the company gives us as non-conforming (you still have the right to unemployment), so that legal actions can be initiated. If you want to refute the dismissal the time you have is 20 working days, and if what you want is to demand what you owe the term is 12 months.
Once this is clear, you must present your allegation in the Mediation, Arbitration and Conciliation Service. Once placed, you and a representative of the company will be summoned to see if you can reach an amicable agreement, but if they do not show up (they refuse to give you the reason), you will have a maximum period of 20 days to file a lawsuit. the court
Then it will be the judge who will decide if the dismissal has been inappropriate or not. If so, you will be entitled to compensation for unjustified dismissal plus the payment of payroll corresponding to the months that have elapsed since the arrest of the contract until the judicial decision.