Labor Law Lawyers in Barcelona

Any subject, who is involved in a labor problem that needs to be resolved legally, can hire a lawyer. Therefore, this includes employees, self-employed workers, as well as companies of all sizes, from micro SMEs to large companies.

The first thing you should do if you have been fired from your job is to take one of the copies of the dismissal letter, as well as the termination notice. Furthermore, in the copies of both documents that the company will keep, the date on which you received the letters and the expression “non-compliant” must be specified.

If the dismissal has occurred verbally, you must go to an office as soon as possible. lawyers specialized in labor law.

It is recommended that you sign both documents. Of course, it is very important that you state in both letters the date on which you received them and the expression “non-compliant”.

In this way, you will be signing to receive the letter and, at the same time, expressing that you do not agree with the dismissal and termination. Thus, you can complain if you wish.

Sometimes, companies threaten employees that, if they add any expression such as “non-compliant” to the dismissal letter, they will not pay their salary or severance pay. If this is your case, don't worry.

Stay firm and don't sign anything. Before doing so, go to Vosseler Abogados. We will advise you on the steps you should follow. In any case, you have nothing to worry about. If the company does not pay you what you owe at the established time, will do it later with interest.

If you want to make a claim for compensation for your dismissal, you have to do so during the following 20 business days after the effective date of the dismissal.

This means that you must count 20 days from the official date of dismissal, without taking into account Saturdays, Sundays or holidays.

Yes. Your company can dismiss you from your job verbally. However, in cases in which the dismissal has occurred verbally, if you go to court to complain, the dismissal may be declared unfair because it was not communicated in writing.

If you are fired verbally, you must send a written message to the company. Whether by email, burofax or even WhatsApp, you must express that you have been fired verbally. Furthermore, it is highly advisable that in the message you send, demand written communication of said dismissal.

This is very important since it will be the proof you will have to justify that you have not unilaterally left your job.

If the Judge issues a ruling declaring that your dismissal has been unfair, and a compensation agreement has not been reached, the company will have a period of 5 days to choose which path to take.

The two options available will be readmit you to work, also paying the salaries that you have stopped receiving due to the dismissal; either pay you compensation for unfair dismissal.

Yes. The fact that you are on medical leave does not mean that your company cannot fire you. Dismissal can occur at any time, regardless of your sick leave status.

However, if you are on medical leave and have been fired, we recommend that you contact our law firm. When you are on medical leave and are fired, depending on the circumstances, You have a good chance that the dismissal will be declared unfair or even void.

No. If your company has applied an ERTE, given that it is a temporary situation and is not a dismissal as such, at the moment you are not entitled to compensation.

Generally, workers can suffer an ERTE, have the type of contract they have. Therefore, temporary, training or permanent-discontinuous contracts may also be affected by the ERTE.

No. If the ERTE that your company has applied is suspension, the company's obligation to pay salaries is also suspended. In that case, and if you meet the conditions to receive unemployment benefits, you will be able to collect unemployment benefits.

Yes. However, the payroll that you will receive during the duration of the ERTE will be proportional to the number of hours you work. Additionally, if you meet the requirements to request the unemployment benefit, you will be able to collect the proportional part to the hours you have stopped working.

That is, if your original day was 8 hours and has been reduced to 4, the following happens: you will continue to receive pay for the 4 hours of work you do, and you can apply for unemployment benefits for the 4 hours you have lost.

There are some doubts among workers about what is considered a work accident and what is not. We must understand a work accident as any bodily injury that a worker has suffered on the occasion of, or as a consequence of, the work he or she performs as an employee. For this reason, and taking this into account, the following cases are considered work accidents:

• An accident suffered by a worker when on his way or returning to his workplace.
• An accident occurred as a result of elective union positions. In addition to those that have occurred, both when going and returning, from exercising the functions of those positions.
• If they are connected to work, accidents that have occurred in acts of rescue, or in other acts of a similar nature.
• Accidents that occur on the occasion, or as a consequence, of tasks that, even if they are different from those usually performed regularly in their workplace, the worker is carrying out by order of the employer, or spontaneously for the purpose of the proper functioning of the workplace. the company.

In addition to these accidents, which can be considered work accidents, the following can also be considered of this nature:

• The enfermedades, not included as an occupational disease, contracted by the worker for the performance of the work. Of course, in this case, it must be proven unequivocally that the cause of the illness was exclusively the execution of the work.
• Illnesses or defects that, even if the worker had previously suffered, have been aggravated due to accident injury.

Self-employed people can also suffer accidents at work. The fact of being self-employed does not mean that they cannot suffer a work accident. However, in these cases, there are many nuances that must be taken into account.

It is necessary to take into account that accidents ongoing suffered by self-employed workers cannot be considered a work accident; unlike what happens with employed workers.

In any case, if you are a self-employed worker and have suffered a work accident, do not hesitate to contact a good law firm. Lawyers, specialists in labor law.

generally yes. However, it is necessary to keep in mind that jurisprudence establishes a series of requirements that must be met for an accident of this type to be considered a work accident.

Furthermore, if you are self-employed, the accident on the way to work will not be considered a work accident.

This is an accident that, although it does not take place in the workplace, occurs while traveling to and from work. Generally, these are traffic accidents that a worker suffers when traveling from home to work, or vice versa.

When you suffer an accident at work, there are many issues that can arise. Having a good lawyer, like the ones you can find at Vosseler Abogados, will help you properly focus the defense of your case.

When filing a claim for workers' compensation compensation, there will be many legal issues that alone