Employment lawyers in Mataró
Dismissals, unpaid wages, disciplinary sanctions and changes to your contract. We act for employees and for employers across the Maresme, in English, Catalan and Spanish. Employment deadlines are short: if you have been dismissed, you generally have 20 working days.
We act for both sides of the employment relationship
We take on employment matters for employees and for companies. They are two views of the same dispute, and knowing both is what allows us to anticipate what the other side will do and to judge realistically when it is worth negotiating and when it is worth going to court.
Most people arrive at the office holding an envelope: a dismissal letter, a sanction, a notice changing their hours or their pay. And with the same question. Can they actually do this? That is exactly what the first consultation is for. We go through the paperwork with you (contract, payslips, the applicable collective agreement, the letter itself) and explain what the law says, what is arguable and how far your case can realistically go.
What makes employment law different is the clock. You do not have months to think it over: dismissals, sanctions and changes to working conditions must be challenged within 20 working days. That is a strict limitation period, and once it expires the claim is gone even if you were right. It is the one thing we repeat to every client in Mataró and across the Maresme: call straight away, even if it is only to ask a couple of questions.
A good share of employment matters are settled at the conciliation hearing, and you get there with the collective agreement read and the figures worked out. David Barnils or Pol Díaz goes to that hearing in person, and the same lawyer will argue your case at the employment court if no agreement is reached.
What we answer for is the deadline counted right and the collective agreement applied right. Nobody can answer for the outcome: a court decides that on the evidence. Our job is to make sure you know exactly where you stand before anything is filed.
Employment matters we take on
These are the instructions we handle day to day, whether on the employee's side or the employer's.
Dismissals
Disciplinary, on objective grounds, or simply verbal. We examine the letter, the conduct alleged, the dates and the formalities, and assess whether there is room to seek an unfair or a null and void ruling.
Wage claims
Unpaid payslips, collective agreement arrears, overtime, supplements, commission and final settlements that do not add up. Either while you are still employed or after the contract has ended.
Disciplinary sanctions
Written warnings and suspensions without pay. They are challenged within the same 20 working days as a dismissal, and they often shape whatever the company does next.
Changes to working conditions
Changes to hours, shifts, duties, pay or place of work. We look at whether the company followed the correct procedure and whether the reasons it relies on actually stand up.
Termination at the employee's request
Where it is the employer in serious breach (repeated non-payment, significant unilateral changes) you can ask the court to terminate the contract with the compensation payable for unfair dismissal.
Advice for employers
Hiring, properly documented disciplinary files, dismissals prepared with the right paperwork, defence against claims and support during Labour Inspectorate proceedings.
From the first consultation to judgment
Employment claims follow their own route: in most cases a compulsory conciliation attempt comes before the employment court. This is the usual sequence.
First consultation and paperwork
We review the contract, the payslips, the applicable collective agreement and whatever notice you received. We work out exactly how many days you have left and tell you whether the claim has legs.
Conciliation claim
We draft and file the papeleta with the mediation body. Filing it suspends the limitation period and opens the door to a settlement before any court hearing.
Conciliation hearing
We attend with you. If an agreement is reached, it is recorded and is enforceable. If not, the record states that no agreement was reached and the clock for filing at court starts again.
Claim and hearing
We file at the employment court, prepare the evidence and the questioning, and argue your position at the hearing. If the judgment goes against you, we assess the grounds for appeal.
Prior conciliation is compulsory for most employment claims, but the law sets out specific exceptions, and where the respondent is a public administration the equivalent step is a prior administrative claim. At the first consultation we tell you which route applies to your case and what the deadlines are.
Upheld, unfair or null and void: what changes
Almost every dismissal dispute ends in one of these three classifications, and each carries very different consequences. This is the general picture, without the detail that can only be assessed with the documents in front of us.
- Upheld (procedente). The court accepts both the facts and the formalities. If the dismissal was disciplinary, no compensation is payable; if it was on objective grounds, the statutory payment of 20 days' salary per year worked stands, capped at 12 monthly payments.
- Unfair (improcedente). The alleged facts are not proven, are not serious enough, or the formalities were defective. The company must then choose between reinstating you and paying compensation: as a general rule, 33 days per year worked capped at 24 monthly payments, with transitional rules for contracts signed before 12 February 2012.
- Null and void (nulo). Reserved for dismissals that breach fundamental rights or that fall within the specially protected situations set out in the law. The consequence is not a payment but reinstatement together with the wages lost in the meantime.
The actual figure depends on your real length of service, on the salary used as the basis, including every element that counts towards it, and on the collective agreement. It is common for the company's numbers and the numbers that come out of a careful calculation not to match, and that gap is usually what the negotiation is really about.
We don't improvise the numbers. With the contract, your recent payslips and the dismissal letter in front of us we run the calculation and show you where each figure comes from.
I have just been dismissed. What now?
The day after a dismissal is the worst possible moment to make decisions and, at the same time, the most important one. The clock is already running: you generally have 20 working days, which is not the same as three calendar weeks. Do this before you sign anything.
- Keep the dismissal letter exactly as it is, with its date. If you were not given one, write down the day, the time and who told you.
- Do not rush into signing the finiquito. You are entitled to read it and to take advice; if you do sign, add the words "recibido y no conforme", which means received, not agreed.
- Gather your contract, recent payslips, the collective agreement and any message or email relating to the conduct you are accused of.
- Apply for unemployment benefit within the deadline. Challenging the dismissal and claiming benefit are perfectly compatible.
- Call us in the first few days. With time in hand the claim can be properly prepared and negotiated; on the last day all you can do is rush.
Questions about dismissals and pay
How long do I have to challenge a dismissal?
As a general rule, 20 working days from the day after the dismissal. Saturdays, Sundays and public holidays do not count, but this is a limitation period that cannot be extended: once it runs out, the claim is lost. Filing the conciliation claim suspends the clock while it is processed. That is why it is worth coming to the office in the first few days, not on the last one.
What is the papeleta de conciliación and is it compulsory?
It is the form used to request a conciliation hearing before the administrative mediation body, and it has to be filed before going to the employment court. In Catalonia it is handled by the conciliation service of the regional department responsible for employment. For most employment claims this preliminary step is compulsory, although the law sets out specific exceptions. We draft it, file it and attend the hearing with you.
How is dismissal compensation calculated in Spain?
It depends on how the dismissal is classified, on your length of service and on your salary. As a general rule, an unfair dismissal is calculated at 33 days' salary per year worked, capped at 24 monthly payments, with transitional rules for contracts signed before 12 February 2012. A dismissal on objective grounds that is upheld carries 20 days per year worked, capped at 12 monthly payments. A dismissal declared null and void means reinstatement plus the wages lost in the meantime. The figure has to be worked out with your documents in front of us.
Do I have to sign the finiquito the company gives me?
You are not obliged to sign it on the spot. You have the right to read it calmly and to take advice on it. A settlement and release document can have binding effects, so before signing it is worth checking what it covers and whether the items and the amounts add up. If you do sign, write next to your signature that you are signing "recibido y no conforme", which means received, not agreed.
How long do I have to claim unpaid wages or overtime?
Claims for sums arising from an employment relationship are generally time-barred one year after they could have been demanded. You can claim while still employed or once the contract has ended, and it covers unpaid payslips, collective agreement arrears, overtime and supplements that were never paid. The evidence needs to be put in order: payslips, contract, collective agreement and working-time records.
Do you also advise companies on employment matters?
Yes. We act for employees and for employers alike, provided there is no conflict of interest. For companies we advise on hiring, on properly documented disciplinary files, on preparing dismissals with the right paperwork, on defending claims and Labour Inspectorate proceedings, and on negotiating settlements.
Facing an employment dispute?
Bring us the paperwork and we will go through it with you. An initial appointment at our Mataró office, with no obligation to instruct us afterwards. If a deadline is running, this week beats next week.