Individuals

Employment lawyer in Barcelona: dismissals, wages and workplace harassment

If you have been dismissed, are not being paid what you are owed or face harassment at work, we explain your options clearly and support your claim, from the dismissal letter and conciliation through to court.

At a glance

  • After dismissal, you have 20 working days to challenge it. This period cannot be extended.
  • Dismissal may be justified, unfair or void; each classification has different consequences.
  • Monetary claims (wages and overtime) become time-barred after one year.

Situations in which we can help

  • Dismissals

    Disciplinary, objective or collective dismissal; also termination during probation.

  • Wages, overtime and final settlements

    Claims for unpaid amounts and review of final settlements.

  • Changes to conditions

    Changes to working hours, duties, workplace or salary.

  • Temporary and permanent incapacity

    Appeals against Social Security refusals and reassessments of incapacity levels.

  • Workplace harassment

    Defence against bullying, sexual harassment and other workplace harassment.

  • Disciplinary penalties

    Challenges to penalties and suspensions without pay.

  • Insolvent employers

    Claims to FOGASA when the employer cannot pay.

The three dismissal classifications

The judge's classification determines what you receive and whether you can return to your position.

ClassificationWhen it appliesConsequence
JustifiedThe employer proves the grounds and meets the formal requirementsNo compensation for disciplinary dismissal; 20 days per year for objective dismissal
UnfairThe grounds are not proven or formal requirements are breachedThe employer chooses between reinstatement and 33 days' pay per year, capped at 24 months' pay
VoidA breach of fundamental rights, discrimination or a protected situation (such as pregnancy)Reinstatement and payment of lost wages

An evolving issue: in 2024 and 2025 the European Committee of Social Rights questioned whether fixed compensation was sufficient, and some courts have considered additional compensation. We assess whether to raise the issue in each case.

How we work

  1. Review of the letter and documents

    We examine the notice, how it was delivered and the information in your contract and payslips.

  2. Calculation and options

    We calculate compensation using your payslips and explain the alternatives: negotiation or court action.

  3. Conciliation and claim

    We seek agreement in prior conciliation and, failing that, file a claim.

  4. Hearing and enforcement

    We represent you at the hearing and enforce the judgment where appropriate.

Deadlines and points to bear in mind

Challenging dismissal
20 working days from the effective dismissal date (excluding Saturdays, Sundays and public holidays). The conciliation application suspends the period.
Claiming unpaid amounts
One year from when you could claim them.
Unemployment benefit
Apply within 15 working days of employment ending; challenging dismissal does not suspend that deadline.
Social Security decisions
Incapacity decisions can be challenged within short deadlines (prior administrative claim and court claim). Do not let them expire.

Frequently asked questions

How much compensation do I receive for unfair dismissal?

As a guide: 33 days' pay per year worked since 12 February 2012 (45 days for earlier service), generally capped at 24 months' pay. Objective dismissal attracts 20 days per year, capped at 12 months' pay. The precise calculation depends on actual pay and the items included; we review it using your payslips.

What happens if I sign the final settlement?

Signing acknowledges amounts received and may limit later claims concerning what was signed. If you disagree, consult us before signing. Signing does not prevent you from challenging dismissal within the deadline.

Do I need a lawyer or is a trade union enough?

You can approach either. A lawyer is not compulsory to bring a first-instance employment claim, but a case involving compensation calculations, evidence or appeals usually requires technical advice. We assess your case objectively.

How is workplace harassment proved?

Through specific, dated facts: emails, messages, witnesses, medical or psychological reports and unjustified changes of duties. Courts require reasonable indications, after which the employer must justify its conduct. Preserve evidence from the outset using lawful means.

Can I claim while still working for the employer?

Yes. You can claim wages, overtime or professional classification without leaving your job. We assess the risks and timing with you.

What if the employer does not pay compensation or closes?

A judgment or conciliation record can be enforced. If the employer is insolvent, FOGASA may pay part of the wages and compensation within statutory limits.

Guides on Employment Law

General information to help you prepare before we assess your case.

General information, not advice. Each case needs individual study. Deadlines and rules may change.

Contact

Tell us about your case.

Briefly tell us what you need. We will review your message and contact you to discuss an initial consultation. The consultation carries a fee, which we will explain in writing before confirming it.

Av. Roma 60 · 08015 Barcelona935 045 324info@mgma-abogados.comMonday to Thursday: 9:00–14:00 and 15:00–18:00 · Friday: 9:00–15:00
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