At ILS Law Firm, we understand that facing dismissal is a difficult and stressful experience for any worker. This situation becomes even more challenging when the dismissal affects individuals in particularly vulnerable situations, such as foreign workers in Spain. Our lawyers are committed to providing comprehensive advice and expert support in every case, ensuring that workers’ rights are fully respected and that they can face the situation with the best legal tools available.
While any dismissal requires careful legal evaluation, there are circumstances where the advice of a specialised lawyer is even more crucial. This is particularly true for foreign workers in Spain who find themselves in an irregular administrative situation, working under a verbal contract, and dismissed verbally. This scenario presents a range of legal challenges that are difficult to address without the proper support of an experienced legal team specialising in labour law.
Specific Challenges of Verbal Dismissals and Unrecorded Contracts
Foreign workers in irregular situations in Spain face additional complications in the event of dismissal. Firstly, the lack of a formal employment contract and the absence of documents proving the employment relationship pose serious difficulties in demonstrating the existence of such a relationship and the conditions under which they worked. When the dismissal is verbal, it further complicates the process of proving its unfairness or injustice before a court.
A critical aspect in these cases is the urgency with which action must be taken. Spanish labour legislation stipulates that the worker has only 20 working days from the moment of dismissal to initiate any legal action. This includes both extrajudicial claims and, if necessary, subsequent judicial demands. The short timeframe for action makes the immediate intervention of a specialised lawyer essential.
Key Steps in the Dismissal Claim Process
The process for claiming a dismissal, especially in situations like those described, can be complex and requires in-depth knowledge of the necessary steps. At ILS Law Firm, we guide our clients through each of these stages, ensuring that all deadlines and procedures are followed to maximise the chances of success. Below, we highlight some of the most important steps:
- Sending a Burofax to the Company: One of the first crucial steps is sending a burofax to the company, notifying them of the dismissal and requesting the relevant documentation that proves the employment relationship, such as the contract, payslips, or any evidence the worker may need to support their case. This is essential to initiate the formal claim process.
- Filing a Conciliation Claim: Conciliation is a mandatory step before being able to go to court. It is an extrajudicial procedure in which an attempt is made to reach an agreement with the company to avoid litigation. However, in many cases, companies are unwilling to settle, leading to the next stage.
- Filing a Claim with the Social Court: If no agreement is reached in conciliation, the next step is to file a claim for unfair dismissal with the Social Court. This is where ILS lawyers play a crucial role, as they prepare all the necessary documentation and defend the worker’s interests before the judge, proving the existence of the employment relationship and the unfairness of the dismissal.
- Appeal to the High Court of Justice: If the ruling from the Social Court is not favourable, there is the option of filing an appeal with the High Court of Justice. This step requires extensive legal expertise and a thorough understanding of the relevant case law, something ILS lawyers master to perfection.
The Challenge of Lack of Documentary Evidence
One of the biggest challenges in these cases is the absence of an employment contract and other documents that support the employment relationship. This makes proving the existence of a work relationship and the conditions of employment a challenge. At ILS, our lawyers are highly skilled in working with alternative evidence, such as testimonies from colleagues, emails, text messages, and other elements that can demonstrate the employment relationship and the conditions of employment.
Updated and Specialised Knowledge in Labour Law
Success in these types of procedures depends not only on meeting legal deadlines and requirements but also on having a deep understanding of labour law, constantly updated with the latest legal developments. At ILS, our lawyers stay up to date with the most recent changes in the field, allowing us to offer the highest quality and most effective service.
If you are facing dismissal, do not hesitate to contact ILS Law Firm. Our specialised team will provide you with the necessary support to handle this situation with confidence and peace of mind, ensuring that your rights are fully protected and that you receive the compensation to which you are entitled.