You’ve been told you’re being let go, whether through a dismissal letter, verbally, or simply by no longer being counted on, and you don’t know whether it’s lawful or what you’re entitled to be paid. You only have 20 working days from the dismissal to file a claim, so acting quickly is essential.

• Disciplinary dismissal (Arts. 54 and 55 Workers’ Statute): when the company alleges a serious and culpable breach by the employee.
• Objective dismissal (Art. 52 Workers’ Statute): for economic, technical, organisational or production reasons, or repeated justified absences.
• Classification of the dismissal: fair, unfair or void, each with different compensation consequences.
• Filing the conciliation claim form and, where necessary, a claim before the Labour Court (Art. 103 et seq. LRJS).

The company hasn’t paid you for a given month, owes you overtime, hasn’t paid your extra bonus, or the final settlement (“finiquito”) you received when you left doesn’t match what you’re actually owed. In all these cases you can claim the amounts owed, even after leaving the job.

• Claiming unpaid wages (Art. 29 Workers’ Statute): one-year limitation period from when the amount becomes due.
• Claiming unpaid or uncompensated overtime.
• Reviewing and disputing your final settlement when it doesn’t include everything owed (untaken holidays, pro-rated bonuses, etc.).
• Late-payment interest (Art. 29.3 Workers’ Statute): a 10% annual surcharge on amounts owed.

You’ve had disciplinary proceedings opened against you, received a written warning or a suspension of employment and pay, and you believe the sanction is disproportionate or simply unfair. Not every sanction imposed by a company is valid, and many can be successfully challenged.

• Disciplinary regime (Art. 58 Workers’ Statute and the applicable collective agreement): offences classified as minor, serious or very serious.
• Challenging the sanction before the Labour Court when it is considered unfair or disproportionate (Art. 114 et seq. LRJS).
• Reviewing compliance with the formal requirements of the proceedings (written notice, statement of reasons, hearing where required by the collective agreement).

You’re on sick leave due to illness or an accident, the company or the mutual insurance provider is causing problems in recognising it, or you’ve been declared fit to return and believe you’re not actually ready. We advise on all kinds of matters related to temporary incapacity.

• Temporary incapacity due to common contingencies (ordinary illness or non-work-related accident).
• Temporary incapacity due to occupational contingencies (workplace accident or occupational illness), with different, higher benefits from day one.
• Challenging the medical discharge when considered premature (Arts. 170 and 171 LGSS).
• Claims against the company or the mutual insurer for mismanagement of the leave.

After an illness or injury, your ability to work has been permanently affected, and you want to know whether you’re entitled to a disability pension and how much. The recognised degree determines both the financial benefit and whether you can continue working.

• Partial permanent incapacity (Art. 194.1.a LGSS): a decrease in performance of 33% or more in the usual occupation.
• Total permanent incapacity (Art. 194.1.b LGSS): unfit for the usual occupation, but able to work in another.
• Absolute permanent incapacity (Art. 194.1.c LGSS): unfit for any occupation.
• Severe disability requiring assistance (Art. 194.1.d LGSS): the need for help from another person for essential daily activities.
• Appeal against a refusal or disagreement with the degree recognised by the INSS.

The company you work for has announced a collective redundancy procedure affecting a significant number of employees, and you want to know whether the process is being followed correctly and what compensation you’re entitled to. Collective redundancies follow a specific procedure, including a mandatory consultation period with employee representatives.

• Requirements and thresholds for a dismissal to be classified as collective (Art. 51 Workers’ Statute).
• Consultation period with employee representatives, mandatory before the redundancy takes effect.
• Collective challenge before the National High Court or the competent regional High Court when the procedure is flawed.
• Individual advice for affected employees on compensation and other rights (priority for re-employment, etc.).

You want to leave your job by mutual agreement with the company and negotiate the best possible exit terms, or the company has proposed an agreement and you’re not sure whether it’s a good deal. A good negotiation beforehand can save you a long and uncertain dispute.

• Mutual termination agreements (Art. 49.1.a Workers’ Statute): negotiating compensation and other exit terms.
• Reviewing incentivised departure schemes or “voluntary redundancy plans” offered by the company.
• Advice before signing any agreement or final settlement document.
• Representation in individual or collective negotiations with company management.

You’re approaching retirement age and want to know when you can retire, what pension you’ll be entitled to, or whether early retirement or combining retirement with some form of work would suit you. Pension calculation depends on years of contributions and the regulatory base, among other factors.

• Ordinary retirement (Art. 205 LGSS): the required age and minimum contribution period, which are being gradually increased.
• Voluntary and involuntary early retirement (Arts. 207 and 208 LGSS).
• Active retirement (Art. 214 LGSS): combining pension payments with part-time or full-time work.
• Appeal against refusals or disagreements over the calculation of the regulatory base or recognised contribution years.

The Labour Inspectorate has visited your company or opened proceedings against you as an employer, and you want to know how to respond to the infringement report or proposed sanction. We also advise employees who want to report irregularities at their company (not being registered with Social Security, safety breaches, etc.).

• Actions of the Labour and Social Security Inspectorate (ITSS): visits, requirements and infringement reports.
• Objections against infringement reports before they become final.
• Appeal against administrative sanctions arising from an inspection (Law on Infringements and Sanctions in the Social Order – LISOS).
• Advising employees on filing a confidential report with the ITSS.