Common employment situations for workers
Employment queries are the most common for individuals on Lexiel:
Unfair dismissal
You've been dismissed and aren't sure if it's fair. Lexiel calculates your compensation, claim deadlines (20 working days) and your options.
Unpaid overtime
Spanish labour law limits overtime to 80 hours per year and requires payment or compensatory rest. Lexiel helps you calculate what you're owed.
Workplace harassment (mobbing)
Which behaviours constitute workplace harassment under Spanish law, how to document it, which channels to use (inspection, complaint, lawsuit) and when to act.
Incorrect severance and settlement
Severance must include unused holidays, proportional bonus payments and salary balance. Lexiel checks if yours is correct.
ERTE and working time reduction
Your rights when affected by an ERTE: unemployment benefit, contributions, reinstatement, and when it can be challenged.
Working time reduction for caregiving
Right to reduce working hours to care for children under 12 or dependent relatives. Schedule chosen by the worker, within ET limits.
How does Lexiel help?
- Calculates your dismissal compensation using the correct formula (33/45 days depending on date)
- Checks if your contract or collective agreement includes improvements over the ET
- Finds Supreme Court (Social Chamber) case law on your situation
- Explains expiry and limitation periods so you don't lose rights
- Tells you when it's worth hiring a lawyer vs. going alone to conciliation
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Frequently asked employment rights questions
How much compensation do I get for unfair dismissal?
Unfair dismissal compensation is 33 days' salary per year worked (max 24 months' pay) for contracts since 2012. For earlier contracts, the period before 12/02/2012 is calculated at 45 days/year (max 42 months). You may also be entitled to back pay if the employer opts for reinstatement.
Do I have 20 days to challenge a dismissal?
Yes. You have 20 working days from the dismissal effective date to file a conciliation request (mandatory first step) or a claim. This is a strict deadline; miss it and you lose your rights. A lawsuit cannot be filed before conciliation has been attempted.
How many overtime hours can I legally work?
Spanish labour law limits overtime to 80 hours per year (ET Art. 35). It must be voluntary (except force majeure), must be paid at a premium or compensated with rest within 4 months, and must be reported to Social Security. Overtime for under-18s and part-time workers is prohibited.
Can I be dismissed while on sick leave?
Being on sick leave does not prevent dismissal, but illness alone cannot be a valid dismissal reason (unconstitutional per Constitutional Court ruling STC 62/2008). If dismissal coincides with sick leave and there is no genuine objective reason, it may be declared null and void (not just unfair), requiring reinstatement. Each case must be assessed individually.