Víctor Pan Abogado
Hombre con una caja de pertenencias de oficina dentro de un ascensor

LABOR & EMPLOYMENT LAW · DISMISSALS

You’ve been dismissed. You have 20 working days to file a claim.

After that, there’s nothing you can do. So don’t just sit there.

Maybe you saw it coming, maybe you didn’t. Maybe they handed you a letter full of words you don’t understand. Maybe they just told you not to come back tomorrow, and that was it.

Here’s what you need to know first: you have 20 working days to file a claim. Don’t put it off.

FIRST.—

What I look at when you bring me a dismissal

  • The dismissal letter: What does it say? What reason do they give? Is it specific enough, or just smoke?
  • Your contract: What type of contract do you have? Temporary, permanent, intermittent? Is it the one it should actually be?
  • Your real seniority: Have you been chained together on temporary contracts for years? That can be fraud.
  • Whether there’s something else going on: Were you dismissed right after requesting reduced hours? After medical leave? After reporting something? That could make the dismissal void.

SECOND.—

Fraudulent contracts: my specialty

I specialize in fraudulent contracts. Full stop.

Most of the time a worker comes to me over a dismissal, I find that everything is wrong: the contract, the payslips, the job categories, the schedules… And every single time, what a coincidence, the errors go against the worker. Never in their favor. Always at their expense.

This isn’t a coincidence. It’s a system.

I’ve seen it in construction, among call center workers, in support-service companies, private security, cleaning, logistics… If you’ve been strung along on temporary contracts for years, your contract should probably be permanent. And if they dismiss you, the severance owed should be much higher than what they’re offering to pay.

THIRD.—

What you can get

Unfair dismissal

  • Severance of 33 days’ pay per year worked (or 45 days for seniority accrued before 2012).
  • Claim for owed amounts: wages below the collective agreement, overtime, prorated bonuses, incorrect job categories.

Void dismissal

  • Mandatory reinstatement to your job.
  • Back pay: everything you should have earned from the date of dismissal until your return.
  • This applies when the dismissal violates fundamental rights: due to pregnancy, medical leave, requesting reduced hours, or reporting the company.

Lawful dismissal

  • No severance is owed for the dismissal itself.
  • BUT: any claim for owed amounts is separate. If you’re owed money, you can still claim it.
  • And watch out: what looks lawful often isn’t. It needs to be reviewed properly.

Don’t just take their word for it without checking first. One phone call could change your severance amount.

The first consultation is free. Genuinely.

WhatsApp victorpan@icab.cat +34 656 70 59 75

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