How long do I have to file for dismissal? What is the amount I can claim?
The art. 59.3 of the Workers’ Statute in line with section. 1 of art. 103 of Law 36/2011, of October 10, regulating the social jurisdiction, establishes that “… the worker may claim against dismissal, within twenty business days starting from the one in which it occurred.
The said period will expire for all purposes and will not be counted on Saturdays, Sundays and holidays at the court (…) ». That is to say, that the worker has a period of twenty working days to oppose to the dismissal that he/she considers contrary to law.
In addition, the time limit for the exercise of the right to oppose to the dismissal is configured as an expiration period; this means the establishment of a time limit for the holder to effectively exercise the right to oppose to the dismissal, so that, once this time limit has elapsed without being exercised, the right ceases to exist.
How is the time limit for the claim computed?
In calculating the term to file a claim for dismissal, only the working days will be taken into account, excluding Saturdays and Sundays, national holidays and holidays for labor purposes in the respective Autonomous Community or town where it has its headquarters the competent judicial body to receive the aforementioned claim.
The expiration period against the dismissal action will be suspended during the substantiation of the conciliation, that is to say, from the day on which the conciliation is filed until the day on which the conciliation is carried out.
The computation of the expiration will be resumed the day after the conciliation or mediation has been attempted or after fifteen working days have elapsed, excluding Saturdays from the computation, since its presentation without the conciliation or mediation having been held.
For the purposes of calculating the term and suspension of the same for the expiration of the action against the dismissal, the day on which the conciliation petition is filed with the administrative body is not taken into account, nor is the day on which the act is held without a settlement.
Finally, it should be noted that the term for claiming the amounts owed at the end of the employment relationship (wages owed, vacations generated and not taken, proportional part of extraordinary payments, etc.) will be one year from the date on which the amounts could have been claimed from the employer, that is, from the date on which the employer should have paid them and did not do so.
This action may be accumulated together with the action for dismissal so that both are resolved in the same proceeding.
You can keep up to date with the latest news by visiting our Newsroom!