Employment Law

Dismissal letter: what to review and how to protect the time limit for challenging it

3 min readSources consulted on

Translation of the Spanish original approved by the firm. View original

Worker reading an employment letter beside a clock

If you receive a dismissal letter, keep a copy and record both the delivery date and the effective date. As a general rule, a challenge is subject to a time limit of twenty working days from the day after dismissal. Waiting for an informal response from the employer may use up time needed to act.

What information to review

The letter identifies the employer’s decision and its reasons. Check the facts or grounds described, when the relationship ends and which amounts are made available. Also keep the contract, amendments, payslips, earlier communications and evidence relating to the reasons alleged.

Acknowledging receipt with a signature and agreeing to termination are not necessarily the same thing. Read the full document before signing and keep what was actually delivered. Adding a reservation may help record your position, but does not itself correct every document or replace a challenge within the time limit.

How the time limit is assessed

The calculation must take account of the effective date, non-working days and procedural rules. It is not advisable to use a calendar-day calculator or assume that August is always excluded in dismissal proceedings.

Submitting an application for prior conciliation or mediation, where required, suspends the expiry period as provided by law. That suspension has rules on when time starts running again and does not keep the period open indefinitely. An email to the personnel department is not automatically equivalent to that step.

Dismissal and outstanding amounts

Challenging dismissal and claiming wages are related issues, but their time limits are not interchangeable. Applying for benefits does not replace the employment claim either. Different steps may need to be taken in parallel.

To prepare for a consultation, organise a short chronology: start of employment, relevant changes, incidents, delivery of the letter and the last day worked. If pregnancy, leave, reduced working hours or the exercise of rights is involved, mention it so its legal relevance can be assessed without assuming an automatic legal classification of the dismissal.

Frequently asked questions

If I have not yet been paid, should I wait before challenging dismissal?

You should not assume that non-payment suspends the time limit. These issues require a review of their own procedures and deadlines.

Does requesting an appointment stop the twenty-day period?

No. An appointment or quotation request does not replace the procedural steps needed to preserve the claim.

Our employment law service for individuals can study the letter and documents. If a deadline is approaching, mention it when contacting us. This article does not calculate your time limit or determine whether the dismissal was justified.

Official sources

General information. Advice on a case depends on its facts, documents, applicable law and time limits. Requesting an appointment does not suspend any time limit.

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