Employment solicitors in Barcelona
At Ajuridic we represent employees in dismissals, claims for sums of money, changes to conditions imposed by the employer, disciplinary penalties, workplace harassment and social security benefits, before the employer, at the preliminary conciliation and before the employment courts in Barcelona. The firm is in El Clot.
Carrer del Freser, 104 · El Clot (Sant Martí), Barcelona · We advise in Spanish, Catalan, English and Arabic (Arabic by prior appointment).
In employment matters, the calendar rules
Almost every employment matter reaches the firm the same way: with a letter in hand and a date printed on it. That date is the first thing we look at, because employment law works to very short limitation periods that cannot be interrupted: to challenge a dismissal you have twenty working days, and once that period expires the claim is lost altogether, however unfair the dismissal may have been.
Then we look at the content. A dismissal letter has to state the facts and the date it takes effect, and the company cannot later argue at trial reasons other than those it wrote down. Many dismissals are won not because of what the employee did, but because of what the company failed to draft or to prove. The same goes for disciplinary penalties, for changes of hours or workplace imposed overnight and for final settlements signed in a hurry on the way out.
The firm works on the employee's side, in Spanish, Catalan, English and Arabic. The principal, Noemí Ampurdanés Parés, a solicitor registered with the ICAB under no. 22359, has over thirty years in practice. When the matter calls for it — a medical expert report, a hearing outside Barcelona, an appeal — Ajuridic draws on its network of expert witnesses, procuradores (court agents) and specialist solicitors, without the client having to look for them or tell their story all over again.
We also say when litigating is not the right course. If the compensation offered is already what would be due and litigating would only add months of waiting, it is more honest to say so at the first consultation than to find out a year later.
What the firm deals with
From reviewing a letter before anything is signed through to the hearing at the employment court, if it has to go that far.
Dismissals
Disciplinary dismissal, dismissal on objective grounds and collective redundancy, and also verbal or de facto dismissal. Reviewing the letter, calculating the compensation due and challenging the dismissal so that it is declared unfair or void.
Claims for sums of money
Payslips unpaid or only partly paid, unpaid overtime, allowances and supplements under the collective agreement, extra payments, untaken holiday and miscalculated final settlements.
Changes to conditions
Substantial changes to hours, working time, shifts, duties or pay, geographical mobility and transfers, and opting out of the collective agreement. There are twenty working days to challenge the decision from the date it is notified.
Disciplinary penalties and workplace harassment
Challenging disciplinary penalties, workplace harassment and sexual harassment, discrimination and retaliation, and proceedings for the protection of fundamental rights, with whatever compensation is due for the harm caused.
Termination at the employee's initiative
When the company stops paying, is continually late with wages or imposes conditions that make it impossible to stay: termination of the contract at the employee's initiative, with the right to compensation.
Social security and accidents at work
Temporary and permanent incapacity, appeals against being certified fit for work, accidents at work and occupational disease, increased benefits for a lack of safety measures, and unemployment benefit.
How we work, step by step
This is the usual path an employment matter takes, from the letter to the judgment.
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First consultation with the papers in front of us
Four things matter: the letter received and its date, the contract, the latest payslips and the collective agreement that applies. With those we know what time limit we are working to and what can be argued. If nothing has been signed yet, so much the better: that is the best moment to take advice.
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Calculation and strategy
We work out length of service, the reference salary and the compensation that would be due in each scenario, and compare it with what the company is offering. From that comes an informed decision: to negotiate, to claim or, sometimes, to accept what is already on the table.
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Conciliation application or preliminary claim
Before issuing proceedings you have to attempt administrative conciliation. In Catalonia this is filed with the conciliation service of the relevant Generalitat department, and filing it suspends the running of the limitation period. Where the defendant is a social security managing body, the preliminary step is an administrative claim.
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Conciliation hearing and negotiation
Many matters end here, with an agreement that avoids months of waiting. The firm attends the hearing, negotiates with the company's representatives and only recommends signing if what is agreed stands up against what could be expected from a judgment.
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Claim and hearing before the employment court
If there is no agreement, the claim is filed and the evidence prepared: documents, witnesses and, where the case calls for it, expert evidence. An employment trial is concentrated into a single hearing, so the preparation beforehand is half the result. Against the judgment an appeal (recurso de suplicación) may lie to the High Court of Justice of Catalonia.
Which papers to bring to the first consultation
You do not need to have everything, but the more complete the file, the more specific the answer can be.
Employment documents
- The employment contract and all its annexes, extensions and variations.
- The last twelve payslips, to work out the reference salary.
- An up-to-date employment history report, downloaded from the social security website.
- The applicable collective agreement, or at least the sector and the company so it can be found.
Documents about the case
- The dismissal, disciplinary or change-of-conditions letter, with the date it was handed over.
- The final settlement and its receipt, signed or not, and the employer's certificate if it has been provided.
- Correspondence with the company: emails, messages, rotas, working-time records and job sheets.
- Sick notes and fitness-to-work certificates, medical reports and decisions of the INSS or the mutua (the occupational insurance body), if the matter involves incapacity.
This list is only a guide
Each matter needs its own documents, and what is decisive in a dismissal on objective grounds is not in an overtime claim. The final list is settled after the case has been reviewed. If a document is missing, the firm explains how to obtain it.
What it helps to be clear about before you start
Twenty working days, and they do not come back
The time limit for challenging a dismissal, a disciplinary penalty or a substantial change to conditions is twenty working days from the date it takes effect or from notification. Saturdays, Sundays and public holidays do not count. It is a caducidadperiod, not a prescription period: it is not interrupted by simply making a claim to the company, and once it has run out the claim is lost. What does suspend it is filing the conciliation application.
Claims for sums of money follow a different rule: they become time-barred one year after the sum should have been paid, and that period is interrupted by a formal claim. So when payslips are in arrears, every month that passes may be leaving out the oldest month.
Compensation according to how the termination is classified
These are the general rules of the Estatuto de los Trabajadores (the Spanish Workers' Statute). The actual amount depends on each person's length of service and reference salary, and contracts predating the 2012 reform are calculated in separate periods.
| Classification | Compensation | Cap |
|---|---|---|
| Unfair dismissal | 33 days' pay per year of service, with periods of less than a year calculated pro rata by month | 24 months' pay |
| Unfair dismissal with service before 12 February 2012 | 45 days per year up to that date and 33 days per year from then on, calculated in separate periods | 720 days' pay, unless the period before 2012 already exceeds that figure, and in no case more than 42 months' pay |
| Dismissal on objective grounds held to be justified | 20 days' pay per year of service | 12 months' pay |
| End of a fixed-term contract giving rise to compensation | 12 days' pay per year of service | No specific cap |
| Void dismissal | Compulsory reinstatement and payment of the wages lost | No compensation for termination is payable |
Where a dismissal is held to be unfair, the choice between reinstating and paying compensation rests with the company, unless the person dismissed is an employee representative. In a void dismissal there is no choice: reinstatement is compulsory.
Before signing the final settlement
The final settlement is not just the document balancing what is still owed: it often includes a form of words by which the employee declares that any outstanding claim is settled. Signing it without reading it can shut the door on claiming later. If you have to sign there and then, the prudent practice is to add "received, not agreed" next to your signature and keep a dated copy.
This page is for information only and is no substitute for advice on a particular case. No step can guarantee a result: the classification of the dismissal and the amount of compensation are always for the court concerned to decide.
Questions that reach the firm every week
I have been dismissed. How long do I have to claim?
Twenty working days from the date the dismissal takes effect. Saturdays, Sundays and public holidays do not count, but for these purposes the clock does run in August. It is a limitation period that cannot be interrupted: once it expires the claim is lost and cannot be recovered, even if the dismissal was clearly unfair. Filing the conciliation application suspends the calculation, so the first thing is to file it within the time limit.
Should I sign the dismissal letter and the final settlement?
Signing the dismissal letter only evidences that you have received it, and refusing to sign does not prevent the dismissal. The prudent course is to write "received, not agreed" next to your signature and keep a dated copy. With the final settlement you should be even more cautious: it may include a full and final settlement clause treating any claim as closed. Better to have a solicitor look at it before signing.
What is the difference between an unfair dismissal and a void dismissal?
An unfair dismissal is one that is not made out or does not meet the formal requirements: the company chooses between reinstating you and paying the statutory compensation. A void dismissal is one that infringes fundamental rights or affects specially protected situations, such as pregnancy or leave to care for children: in that case reinstatement is compulsory, with payment of the wages accrued during the proceedings. It is the employment court that decides how the dismissal is classified, not the company.
Can I claim for overtime or payslips that have not been paid?
Yes, provided a year has not passed since the sum should have been paid; that limitation period is interrupted by a formal claim. The difficulty is usually not the right but the evidence: rotas, working-time records, emails, messages and payslips. The sooner those documents are gathered, the better.
Do I need a solicitor to go to the employment court?
At first instance the law does not require one, but an employment trial is concentrated and decided at a single hearing: the evidence is put forward and taken there and then, and whatever is not raised there cannot be raised later. For an appeal (recurso de suplicación) to the High Court of Justice of Catalonia a lawyer is compulsory. In practice, turning up without legal representation against the company's advisers leaves you at a disadvantage.
How much does it cost to have Ajuridic handle an employment matter?
The firm does not publish rates, because the scope of each matter is different: reviewing a final settlement is not the same as preparing a trial with expert evidence. Fees are explained and agreed before the case is taken on, never afterwards. The first consultation is a chance to hear the case, look at the letter and check the time limit.
Related practice areas and blog guides
Immigration law
Residence and work permits, renewals tied to a contract of employment and the effects a dismissal can have on an application in progress.
Go to the practice areaRoad traffic accidents
Accidents on the way to work or during working hours: the insurance claim runs alongside the accident-at-work benefit and the two need to be coordinated.
Go to the practice areaFamily law
A change in income after a dismissal affects maintenance payments and may justify an application to vary the orders.
Go to the practice areaBlog guides
- Administrative procedures in Barcelona: administrative silence, time limits and appeals — the ground on which claims against the INSS and the authorities are fought.
- Ley Orgánica 1/2025 (Spanish Organic Act 1/2025) and the Tribunales de Instancia: how the courts are being reorganised, in the employment jurisdiction too, and what changes for proceedings already under way.
Before you come, you can do the sums and check the time limit
Three free tools that run in your browser: no sign-up and no data sent anywhere.
Redundancy and dismissal compensation calculator
Enter length of service, salary and how the dismissal is classified, and out comes a guideline figure with its breakdown: the days per year, the pre-2012 regime and the caps.
Open the calculatorTime limit checker
Eleven time limits covering fines, employment, damage claims and inheritance. Enter the start date and it shows the deadline for acting and how many days are left.
Check a time limitDocument checklist
The papers for an employment matter, tickable and printable, so you can bring them already checked to the first consultation.
Open the checklistTell us what has happened at work
Bring the letter, the contract and the latest payslips, even if something is missing: with those we can say fairly clearly what time limit is running and what can be claimed. We are at Carrer del Freser, 104, in El Clot, near Camp de l'Arpa, La Sagrera and Navas.