Challenging a dismissal, from the deadline to labour court

Terms used

• Papeleta de conciliación — The papeleta de conciliación is the form you file with the regional body to start the mandatory settlement attempt.
• Juzgado de lo Social — The Juzgado de lo Social is the first-level labour court that hears dismissal claims.
• Demanda — The demanda is the written lawsuit you file at the labour court.
• Justicia gratuita — Justicia gratuita is free legal aid for people whose income is below set thresholds.
• Graduado social — A graduado social is a labour-law professional who can represent you in labour court.

Key rules

• Conciliation first: You must try conciliation before suing, except in a few technical cases.
• Court fees: Workers pay no court fees at the first level.
• Lawyer: You do not need a lawyer at first instance, but you need one to appeal.
• Collective dismissal: Your individual claim is paused while the collective case is pending.

The deadline comes first

You have 20 working days from the day after your dismissal takes effect to challenge it. Filing for conciliation within that time pauses the count. Miss the deadline and you lose the right to challenge, so start the day you get the letter.

Only working days count. Saturdays, Sundays and public holidays (national, regional and local) are skipped. August counts for dismissal claims, so do not assume it is a pause. The day of the dismissal itself is not counted.

Check your letter to see which type of dismissal it is: disciplinary (despido disciplinario), objective (despido objetivo, for economic, technical, organisational or production reasons) or collective (despido colectivo). Disciplinary and objective dismissals share the same deadline and procedure. Collective dismissals are covered at the end.

The steps

1. File the conciliation request. This is the papeleta de conciliación. Send it to your regional conciliation body. Attach your ID, the dismissal letter, your payslips and your contract details. Filing is usually online, in person or by registered post, in the province where you worked or where your employer is based.
2. Attend the hearing. It is usually held within about 15 working days.
3. Get the certificate. If there is no agreement (sin avenencia), or the hearing is not held, you receive a certificate. The count then resumes. It also resumes if 15 working days pass without a hearing.
4. File the lawsuit. This is the demanda, filed at the labour court (Juzgado de lo Social) in the days you have left. Attach the certificate, a copy for each defendant and your evidence.
5. Wait for the trial date. The court sets it.

Because the count resumes after conciliation, you may have only a few days left. Prepare the lawsuit while you wait for the hearing.

Finding the right conciliation office

The name differs by region. It may be SMAC or UMAC, or a Tribunal Laboral in some regions. Search your regional government's employment department for "conciliación laboral".

Conciliation is required before suing, with a few exceptions. These include claims against the State and public bodies where a prior administrative claim is needed, and some collective cases. The exceptions are technical, so ask a union or labour lawyer if you think yours applies.

Filing cut-offs

You can file until the end of the last day. In-person court filings usually close at 15:00 on the following working day. Electronic filing through the court's online system is possible until 24:00 on the last day. Confirm the exact cut-off with the court or conciliation body, and do not leave it to the final hour.

Do you need a lawyer, and what does it cost?

You do not need a lawyer to start. At the first court level you can go alone, or be represented by a lawyer, a graduado social or another authorised person. A lawyer is required if the case goes to appeal (suplicación).

Workers pay no court fees at the first level. Each side normally pays its own costs there, and costs are not imposed on the worker. Costs can arise on appeal. If you appeal and lose, you may be ordered to pay the other side's lawyer.

Free legal aid (justicia gratuita) is available if your income is below the thresholds. Your regional commission decides. Unions and the local bar association also offer free guidance.

If it is a collective dismissal

Representatives, unions or the employer can bring a collective challenge to a higher court. You can still bring your own individual claim within 20 working days. It is paused while the collective case is pending.

Use the decision tool below to work out who to contact first, and the planner to track your dates.

Who to call first, a union, the inspectorate, a lawyer or court

Who should you contact first about your problem?

• Conciliation, then the labour court: You were dismissed. File a conciliation request at your regional mediation service (SMAC), which is free, then sue at the labour court (Juzgado de lo Social) within the 20 working days. Court has no fees for workers and a lawyer is not compulsory at first instance.

• The labour inspectorate: You have unpaid wages, or a health and safety, discrimination or unlawful hiring problem. The complaint is free, but the inspectorate cannot order your employer to pay you or rule on whether a dismissal is fair. It can only require compliance and propose fines paid to the State.

• Written demand, then conciliation and court: Your employer owes you money. Send a written demand, then file for conciliation. If that fails, the labour court can order payment.

• The wage guarantee fund (FOGASA): Your employer cannot pay. Apply once a judgment, conciliation agreement or insolvency recognition is in place.

• A union or labour lawyer: You want advice at any stage, or the issue affects several workers. Unions charge a membership fee, often a few euros a month, and give members free or cheap advice. If your income is low, ask about free legal aid (justicia gratuita).

Dismissal goes to conciliation and court; money owed also goes to court; the inspectorate handles reports of breaches, not individual payouts.

Timeline and deadlines

• File the conciliation request with your regional body; this pauses the count: within 20 working days of the dismissal

• Attend the conciliation hearing: generally within about 15 working days of filing

• Get the certificate if there is no agreement; the count resumes: after the hearing ends without agreement, or after 15 working days if no hearing is held

• File the lawsuit at the labour court (Juzgado de lo Social) with the certificate: within the days left of the 20 working days

• Wait for the court to set the trial date: after you file the lawsuit

Employment claim deadlines planner

Treat the dismissal deadline as the one that cannot be missed. Count it from the first day, and file for conciliation early.

Your two deadlines

Dismissal: how the count works

• The day your dismissal takes effect is not counted. Day 1 is the next working day.
• Filing the conciliation request or the claim within the 20 working days pauses the count.
• The count resumes if conciliation ends without agreement. It also resumes if 15 working days pass and no conciliation meeting has been held.
• Before suing for dismissal, you must first try conciliation or mediation. There are exceptions, such as claims against public bodies or collective dismissals. They are technical, so ask a labour lawyer or a union whether one applies to you.

Unpaid wages: how the count works

• Each monthly payment has its own one-year clock. Older months can expire while newer ones are still open.
• If your contract has ended, bring the claim within one year of the end date.
• A conciliation request, a lawsuit or a written demand interrupts the period.
• Wages from more than one year before your claim are normally lost. Do not wait until the contract ends if you are owed money now.

What counts as a working day

• Saturdays and Sundays do not count.
• National, regional and local public holidays do not count. Use the holidays of the place where you file.
• August counts for dismissal claims. Do not add extra time for the summer.

Filing cut-offs on the last day

• In-person filing at a court usually closes at 15:00 on the working day after the deadline.
• Confirm the exact cut-off with the court or conciliation body before you rely on it.

Plan your dates

1. Write down the date your dismissal takes effect, or the due date of each unpaid payment.
2. For a dismissal, mark day 1 as the next working day. Count 20 working days, skipping weekends and local holidays.
3. Set your own target about a week before the final day, and file by then.
4. After filing, note the date. Restart your count only when conciliation ends without agreement or 15 working days pass without a meeting.
5. For wages, list each unpaid month with its due date and add one year to each.
6. Keep proof of every filing and every written demand.

Documents you need

• Your ID, to file the conciliation request (the papeleta de conciliación).

• The dismissal letter your employer gave you, which you attach to the conciliation request.

• Your payslips, which you attach to the conciliation request.

• Your employment contract details, to complete the conciliation request.

• The conciliation certificate from the regional body, issued when there is no agreement or the hearing is not held. You attach it to your lawsuit (demanda).

• A copy of the lawsuit for each defendant, plus the evidence you rely on.

Checklist

• Count your working days from the day after the dismissal takes effect, skipping Saturdays, Sundays and public holidays but counting August.

• Ask a union or labour lawyer whether your case is exempt from conciliation, for example a claim against the State or a public body.

• Find your regional conciliation office by searching your regional employment department for conciliación laboral.

• File the conciliation request with your ID, dismissal letter, payslips and contract details.

• Attend the conciliation hearing and ask for the certificate if there is no agreement.

• Decide whether to go alone or with a lawyer or graduado social, and ask about free legal aid if your income is low.

• File the lawsuit at the labour court with the certificate, a copy for each defendant and your evidence.

Frequently asked questions

Do I need a lawyer to challenge my dismissal?

No, you do not need a lawyer or a procurador (court representative) to bring a dismissal claim in the labour court at first instance. You can appear yourself or be represented by a lawyer or a graduado social (a labour-law professional). A lawyer is required only if the case goes to appeal. Free legal aid is available if your income is low enough, and unions and bar associations give free guidance.

Do I pay court fees to challenge my dismissal?

No, workers pay no court fees in the labour court at first instance. Each side normally pays its own costs there, and costs are not imposed on you. Costs can arise on appeal: if you appeal and lose, you may have to pay the other side's lawyer.

Does August count towards the 20 working days?

Yes, August counts as working time for dismissal claims, so the days keep running through the summer.

Is the deadline different if I was dismissed in a collective dismissal?

No, you still have 20 working days to bring your own individual claim if you were dismissed in a collective dismissal. That individual claim is paused while a collective case is pending. Unions, representatives or the employer can also bring a collective challenge to a higher court, with a 20-day deadline from the notice of the decision.