Our labour law department will defend you in special dismissal proceedings, which have specific characteristics that differentiate and distinguish them from ordinary proceedings.
The dismissal procedure is subject to strict expiry dates and is used to challenge any business decision to terminate the employment relationship, regardless of form and reason.
However, an exception to this type of disciplinary dismissal is dismissal for objective reasons, which have particular regulations, and redundancy.
On the other hand, when workers consider that their fundamental rights have been infringed, the dismissal procedure must be followed, respecting several additional procedural guarantees. However, the claimant may claim compensation for damages for violations of fundamental rights.
Concerning the procedures for challenging disciplinary sanctions, the worker may challenge the sanction imposed on him within the time limit set to claim against dismissal, i.e. within 20 working days of the time when the sanction had been imposed. However, this is a limitation period and, in the case of a sanction, the starting date of the period for the exercise of the action to challenge the sanction is determined based on when the action could be exercised, or the day when the worker was notified.
Therefore, the procedures for challenging dismissal and disciplinary sanctions are processes that the legal system confers on workers to challenge the employer’s decisions following the company’s organisation and management in court. Thus, the assessment of misconduct and the corresponding sanctions imposed by the company’s management is always subject to review before the labour courts.
Our department will advise and defend you in any proceedings challenging dismissal or disciplinary sanctions, and our team includes lawyers specialising in labour procedural law and graduates in labour relations.