Have you been unfairly dismissed? Has your employer failed to respect your rights? Do not accept it—contact our solicitors. We offer services in Madrid, Valencia, and Castellón.
Prior to the claim, we advise the client on the procedures, new case law on the matter and the viability of the claim, taking into account the specific circumstances of the case. Subsequently, we accompany the employee throughout the process from the moment he/she decides to exercise the dismissal claim. We inform the client of the legal requirement to carry out an act of conciliation.
(essential for the subsequent legal claim), and we take care of your defence in the proceedings before the Social Court and any subsequent appeals.
1- Case analysis:We assess whether the dismissal is unfair or null and develop legal strategies.
2- Process management:Preparation of the claim, representation at conciliation, and defence in court.
3- Compensation calculation: We calculate and claim the maximum possible compensation
4- Conciliation hearing before the SMAC and unfair dismissal claim.
5- Salary claims and lawsuits.
6- Labour sanctions.
7- Calculation and claim of final settlement following dismissal.
8- Personalized service: Attention tailored to your needs and queries.
9- Speed and efficiency:We meet legal deadlines and maximise your chances of success.
At Martínez Sanz Abogados, we will accompany you throughout the entire process of claim for dismissal, from the administrative and judicial proceedings, including proceedings before FOGASA. if necessary. Our aim is to guarantee your employment rights and to obtain the maximum possible compensation.
1. SMAC – Administrative Conciliation Procedure
We professionally draft your conciliation request (papeleta de conciliación) in compliance with the law, ensuring your claim is correctly presented from the outset.
We represent you at the conciliation hearing before the Mediation, Arbitration and Conciliation Service (SMAC), aiming to reach a fair agreement that avoids court litigation and allows you to obtain your compensation quickly.
2. Judicial Proceedings:: Defence before the Courts
If no agreement is reached at SMAC, we file the dismissal claim before the Employment Tribunal (Juzgado de lo Social). We defend you rigorously in court, providing all necessary evidence to prove the unfairness or nullity of the dismissal. We work to achieve the maximum legal compensation, including wages, indemnity, or even reinstatement if applicable.
3. Claim to FOGASA
If the company declares insolvency or fails to pay the recognised compensation, we initiate procedures with the Wage Guarantee Fund (FOGASA). We assist you in claiming outstanding wages and the portion of indemnity covered by the agency, complying with legal deadlines and requirements. In most cases, you only have 20 working days to make the claim.Our team of specialised employment lawyers will accompany you from the very beginning to protect your rights and recover what you are entitled to.
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