Disputes, unions and representation

It is for anyone considering, planning or carrying out a move to Spain. Spanish employment claims run through conciliation, labour courts and collective bodies, and the deadlines are short. Foreign workers rarely know about them. After reading, you will know who to go to and in what order.

Start with "Challenging a dismissal, from the deadline to labour court". It shows how to file a claim in time and what the steps are. If your problem is unpaid pay rather than dismissal, go next to the article on claiming unpaid wages.

Discrimination complaints, finding a lawyer and the amounts owed on dismissal are covered elsewhere in the guide.

Key rules

• Wage guarantee cap: The wage guarantee fund pays up to 120 days of unpaid wages, with a daily amount capped at twice the daily minimum wage.
• Late-pay interest: Late wages carry interest of 10% per year on the amount owed.
• Dismissal deadline: You have 20 working days from the day after your dismissal takes effect to challenge it, and filing for conciliation within that time pauses the count.
• Unpaid wages limit: Unpaid wages must be claimed within one year from the date each payment was due, or from the end of the contract.
• Fund claim deadline: You must apply to the wage guarantee fund within one year of the judgment, conciliation agreement or insolvency recognition of the debt.
• Strike notice: A strike must be notified at least 5 days in advance, or 10 days if the company provides public services.

Disputes, unions and representation: the whole process, step by step

• Dismissed: file for conciliation (Challenging a dismissal, from the deadline to labour court): within 20 working days from the day after the dismissal takes effect; filing pauses the count

• Attend the conciliation session (What happens at conciliation and the labour court): usually scheduled within about 15 working days of filing

• If there is no agreement, file the lawsuit at the labour court (Challenging a dismissal, from the deadline to labour court): within the days left of the 20 working days once the count resumes

• Go to trial and receive the judgment (What happens at conciliation and the labour court): typically a few months to about a year after filing, depending on the court

• Appeal if needed (What happens at conciliation and the labour court): 5 working days from notification of the judgment

• Unpaid wages: claim them (Claiming unpaid wages when your employer pays late or stops): within one year from the date each payment was due, or from the end of the contract

• Apply to the wage guarantee fund if your employer cannot pay (When your employer cannot pay, the wage guarantee fund (FOGASA)): within one year of the judgment, conciliation agreement or insolvency recognition of the debt

• Give notice of a strike (Your strike rights in Spain if you join or your workplace stops): at least 5 days in advance, or 10 days if the company provides public services

Documents you may need

Identity and residence

• Your ID — Challenging a dismissal, from the deadline to labour court, When your employer cannot pay, the wage guarantee fund (FOGASA)

Income and work

• Your payslips
• Your employment contract
• The dismissal letter your employer gave — Challenging a dismissal, from the deadline to labour court
• A written demand to your employer asking for the unpaid wages — Claiming unpaid wages when your employer pays late or stops
• Proof that you worked for the employer and were paid — Claiming unpaid wages when your employer pays late or stops

Other documents

• The conciliation certificate from the regional body — Challenging a dismissal, from the deadline to labour court
• A copy of the lawsuit for each defendant — Challenging a dismissal, from the deadline to labour court
• Your conciliation request — Claiming unpaid wages when your employer pays late or stops
• The FOGASA application form — When your employer cannot pay, the wage guarantee fund (FOGASA)
• The title for your debt — When your employer cannot pay, the wage guarantee fund (FOGASA)
• The certificate of the insolvency or court proceedings — When your employer cannot pay, the wage guarantee fund (FOGASA)

Each article lists the other documents it asks for, where you need them.

Disputes, unions and representation: questions that cross several articles

Do I have to try conciliation before suing over a dismissal?

Yes, a conciliation or mediation attempt is mandatory before suing, except in cases such as claims against public bodies needing a prior administrative claim or collective dismissals. Your regional body handles it, usually called SMAC. Read Challenging a dismissal, from the deadline to labour court, then What happens at conciliation and the labour court.

Does the procedure change for objective or collective dismissals?

Yes, individual disciplinary and objective dismissals share the same 20 working days and procedure, but collective dismissals add a collective challenge by representatives. See Challenging a dismissal, from the deadline to labour court.

Which days count towards the dismissal deadline?

Only working days count, so Saturdays, Sundays and public holidays are excluded, but August does count for dismissal claims. See Challenging a dismissal, from the deadline to labour court.

Where do I file the conciliation request in my region?

You file it with your regional conciliation body, often called SMAC or UMAC, in the province where you worked or the employer is based. Search your regional employment department for conciliación laboral. See What happens at conciliation and the labour court.