Receiving a dismissal letter unexpectedly is a situation that is somewhat common among employees. This notification can be a letter of disciplinary dismissal or dismissal for objective reasons -which greatly restricts compensation to the employee-, with which the employee may not agree. The question, at this point, is to know if it is possible to challenge the dismissal to try to recover the lost job or claim some type of compensation.
The quick answer is yes. The contestation of the dismissal implies the disagreement of the worker with the decision made by the company. This fact gives rise to the corresponding jurisdictional bodies being able to qualify the dismissal as fair, unfair or invalid. From the point of view of the worker, and in case of wanting to claim, it is important to know what steps to follow to challenge the dismissal.
One of the main ways to initiate the 'protest' that the workers have within their reach is to show their disagreement with the settlement. This means not signing the document where it is reported or, if signed, reporting the disagreement by noting "non-conformity".
Otherwise, it will be very difficult to subsequently challenge the dismissal as well as claim the amounts that could be owed to the worker.
Another point to keep in mind is the deadlines, because they matter a lot. The term to challenge the dismissal is 20 working days, even when the dismissal is verbal. That is, when the dismissal letter is not delivered.
Extreme caution must be exercised when employers use expressions such as "he will call you if there is work", since we could find ourselves faced with a verbal dismissal at a certain point undercover. Having everything in writing always helps make claims successful.
In fact, a verbal dismissal will always be recognized as inadmissible, due to the lack of written communication, but it has full termination effects of the employment relationship, so the expiration period to challenge it is 20 business days.
If we are still within the periods mentioned above, it is necessary to present the conciliation document before the Mediation, Arbitration and Conciliation Service (SMAC). This procedure is carried out to try to reach an amicable agreement with the company, thus avoiding going to trial.
The SMAC can receive different names in Spain, depending on the area in which this service is located. For example, in Asturias and Extremadura it is known as the Mediation, Arbitration and Conciliation Unit (UMAC), in the Balearic Islands as TAMIB, and in Castilla y León as the Regional Labor Relations Service (SERLA).
In this sense, to present the conciliation ballot it is not mandatory to have the assistance of a lawyer. However, it is always advisable to use the services of an expert lawyer in labor law to increase the chances of reaching an agreement with the company.
If this step is successful, or put another way, if there is an agreement between the parties, the dismissal challenge process will end at this point.
In the event that there is no agreement in the SMAC, the next step is to file a labor lawsuit for dismissal before the social jurisdiction.
Once this step is reached, it should be noted that it is mandatory to go through the process with the assistance of a lawyer. In this way, in this phase, the objective is that the dismissal be declared unfair or null, despite the fact that the Court can declare it as fair if it does not find legal reasons that justify the opposite.
