Alicante Lawyers

Employment lawyer in Alicante

Law firm specialising in labour law for companies and workers

An employment dispute requires quick action and a clear understanding of the appropriate legal route in each case. At Pellicer & Heredia, we advise employees, companies and self-employed professionals on dismissals, wage claims, disciplinary sanctions, contracts, workplace harassment, incapacity, inspections and proceedings before the Social Courts. From our law firm in Alicante, we review the documentation, calculate the relevant deadlines and develop a strategy aimed at protecting your rights or reducing the company’s risks.

As a general rule, challenging a dismissal is subject to a 20-working-day time limit. For this reason, if you receive a dismissal letter, a serious disciplinary sanction or a significant change to your working conditions, it is advisable to seek advice from an employment lawyer as soon as possible and avoid taking decisions that could prejudice a future claim.

Reviewed by Marta Pellicer Mollá, employment law advisor at Pellicer & Heredia

  • Member of the Alicante Association of Administrative Managers
  • Languages: English and Spanish
  • Last updated: August 2026

Do you require clear and effective employment advice?

At Pellicer & Heredia, we defend your employment rights. Tell us about your situation and one of our employment lawyers will explain the options available before starting negotiations or legal proceedings.

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Our employment law services

Our employment law department provides both preventive and contentious legal assistance. We advise before a dispute arises, during negotiations and, when necessary, before the conciliation service and the Social Courts. Each case begins with a review of the facts, the documentation and the applicable collective bargaining agreement.

Issue
Key information

Challenging a dismissal

General time limit of 20 working days from the effective date

Wage claim

General time limit of one year from the date the amount became due

Prior conciliation

It is usually mandatory before filing a claim, except in cases where legal exceptions apply

Dismissal letter

It must state the facts and the effective date; its content will shape the subsequent defence

Scope of services

Alicante and employment proceedings with national or international aspects

Clients

Employees, companies, self-employed professionals, executives and seconded professionals

Matters

Contracts, dismissals, wages, disciplinary sanctions, workplace harassment, Social Security, inspections and collective bargaining

Service availability

In-person and online, with prior document review

Employment law advice for employees

When a company makes a decision that affects employment, pay or working conditions, it is important to distinguish between a legally justified measure and one that can be challenged. We review the communication received, the employment contract, payslips, the applicable collective bargaining agreement and the available evidence to explain the options clearly.

Disciplinary dismissals, objective dismissals and termination of employment

We assess whether the company has complied with the formal requirements and whether the grounds stated can be substantiated. A dismissal may be classified as fair, unfair or null and void, with different consequences in terms of compensation, reinstatement and back pay. We also review terminations on objective grounds, the expiry of temporary contracts and incentivised departures.

Wage, overtime and final settlement claims

We calculate outstanding amounts relating to wages, allowances, overtime, untaken holiday, incentives, commissions or differences arising from the applicable collective bargaining agreement. The analysis must distinguish between compensation, the final settlement and unpaid wages, as each is subject to different rules and time limits.

Disciplinary sanctions and disciplinary proceedings

A warning or disciplinary sanction can affect the continuity of employment and may later be used as a disciplinary precedent. We assess the alleged facts, the proportionality of the measure, the procedure followed and the time limit for challenging it.

Workplace harassment, discrimination and violations of rights

These matters require evidence to be preserved and particular caution to be exercised. We analyse emails, messages, witness evidence, medical reports, internal protocols and communications with the company. Where there are indications of discrimination, retaliation or violations of fundamental rights, the litigation strategy and protective measures must be adapted from the outset.

Changes to working hours, duties or workplace

Geographical mobility and substantial changes to working conditions are subject to specific procedures and time limits. We assess whether the decision is justified, whether the required formalities have been followed and what options are available to the employee: accept the measure, challenge it or, in certain cases, request termination of the employment relationship with compensation.

Work-life and family-life balance

We advise on requests and refusals relating to working-time adjustments, reduced working hours, leave and work-life balance measures. These proceedings are often handled on an urgent basis and are subject to short time limits, so the proposal submitted to the company should be well founded.

Employment lawyers for companies and employers

Preventive employment management reduces litigation, claims, sanctions and unexpected costs. We help companies in Alicante, groups with workplaces in Spain and businesses with international staff make well-documented decisions that are consistent with the applicable collective bargaining agreement and defensible in the event of an inspection or court proceedings.

Employment contracts and documentation

We draft and review employment contracts, addenda, confidentiality agreements, non-compete clauses, remote working policies, incentive schemes and internal communications. The aim is to ensure that the documentation accurately reflects the employment relationship and reduces ambiguity regarding duties, working hours, salary or place of work.

Dismissals, restructuring and negotiated exits

Before communicating a termination, we assess the grounds, the available evidence, length of service, the applicable salary basis, compensation and the risks of the dismissal being declared null and void or unfair. We also assist with exit negotiations and restructuring processes that require coordination across employment, corporate and tax matters.

Employment audits and compliance

We review employment contracts, payslips, working time records, professional classifications, equality policies, occupational risk prevention measures and disciplinary procedures. The report identifies potential liabilities and sets out prioritised corrective measures.

Labour inspections and sanctions

We prepare responses to formal requests, organise the necessary documentation and assist the company throughout labour inspection proceedings. When sanctioning proceedings are initiated, we review the inspection report, the facts recorded and the available options for submitting allegations or filing an appeal.

Collective bargaining and internal workplace disputes

We assist with the interpretation of collective bargaining agreements, negotiations with employee representatives, collective measures and dispute resolution. A well-structured negotiation can prevent the conflict from escalating into more costly proceedings.

Employment law and Social Security

Some employment-related issues cannot be resolved solely with the employer. Sick leave, incapacity, benefits and retirement may require procedures before the Spanish Social Security Institute, collaborating mutual insurance companies or other public bodies.

Temporary incapacity and medical discharge

We review disputes concerning contingencies, medical discharges, relapses and the employment-related effects of temporary incapacity. The time limits for bringing a claim can be very short and depend on the decision being challenged.

Permanent incapacity

We assess the employee’s usual occupation, functional limitations, medical reports and employment history in order to evaluate an application or claim. Permanent incapacity is intended to compensate for loss of income when an illness or accident reduces or eliminates the ability to work on a foreseeably permanent basis.

Retirement and benefits

We review contribution periods, the applicable Social Security schemes and the potential effects of contributions made in different countries. In international tax planning matters, we coordinate employment and Social Security information to avoid omissions that could affect entitlement to benefits.

International employment matters

Alicante is home to companies with international staff, seconded professionals and residents who have contributed to Social Security systems in several countries. In these cases, the employment contract and payslip are only part of the analysis: immigration rules, taxation, international Social Security and the applicable law may also need to be considered.

  • Hiring foreign workers and coordinating residence and work permits
  • Temporary assignments, international remote working and assignments between companies within the same group
  • Recognition of contribution periods within the European Union or under bilateral agreements
  • Disputes involving employees hired in one country who work from Spain
  • Termination of contracts for executives or professionals with variable remuneration and international elements

When required by the case, our employment law department works in coordination with the firm’s immigration, international tax, corporate advisory and litigation teams.

How we handle an employment dispute step by step

The strategy depends on the urgency, the available evidence and the client’s objective. This is the usual process, adapted to the circumstances of each case.

Step 1 - Initial review and deadline assessment

We check the date of the decision, the type of claim and the final deadline for taking action. In dismissal cases, the general time limit is 20 working days

Step 2 - Collection of documents and evidence

We request the employment contract, payslips, dismissal or disciplinary letter, communications, the applicable collective bargaining agreement, employment history and any other relevant evidence.

Step 3 - Legal and financial assessment

We assess the strengths, risks, amounts that may be claimed, costs and possible outcomes. The client receives a clear explanation of the available options.

Step 4 - Negotiation or prior formal request

When useful, we contact the other party to explore a documented solution and avoid unnecessary litigation.

Step 5 - Employment conciliation

We submit the conciliation request and attend the conciliation hearing when required. The application suspends or interrupts certain time limits in accordance with the applicable legal provisions.

Step 6 - Claim before the Social Court

Presentamos la papeleta de conciliación y asistimos al acto de conciliación cuando sea necesario. La solicitud suspende o interrumpe determinados plazos en los términos previstos legalmente.

Step 7 - Compliance, appeal or enforcement

After the judgment or agreement, we oversee payment, reinstatement, regularisation or any other steps required to ensure compliance.

Documents you should prepare

You do not need to have everything available for an initial assessment, but gathering the essential documentation helps speed up the review and prevents important evidence from being lost.

Employees
Companies

Employment contract and annexes

Employment contract, annexes and job description

Dismissal, disciplinary sanction or modification letter

Letter or draft of the proposed measure

Latest payslips and final settlement

Payslips, working time records and compensation calculation

Collective bargaining agreement, if known

Applicable collective bargaining agreement and internal policies

Emails, messages and communications

Reports, warnings and documentary evidence.

Employment history and medical reports, where applicable

Organisational chart and case history

Chronology of events and potential witnesses

Inspection reports, formal requests or communications.

Common mistakes that can harm an employment case

  • Waiting for an informal negotiation to conclude and allowing a limitation period to expire.
  • Signing a letter or final settlement without stating “not in agreement” when there are discrepancies.
  • Deleting messages, emails or files that could be used as evidence
  • Recording or accessing information without first assessing its legality and procedural usefulness
  • Calculating compensation without including all relevant salary components
  • Using a generic dismissal template without reviewing the applicable collective bargaining agreement and the employee’s individual circumstances
  • Confusing a monetary claim with a challenge to a dismissal, as the applicable time limits are different
  • Publishing details of the dispute on social media before defining the strategy

Why choose Pellicer & Heredia for an employment matter in Alicante?

Resolving an employment dispute requires a combination of legal expertise, negotiation skills and thorough preparation for litigation. Our firm provides a comprehensive approach from our office in central Alicante and can coordinate the case with other practice areas when there are corporate, tax, immigration or international implications.

  • More than 20 years of experience as a law firm
  • Advice for employees, companies, self-employed professionals and international clients
  • In-person service in Alicante and the option of online consultations
  • Coordination with specialists in corporate law, taxation, immigration and litigation
  • Prior analysis of deadlines, evidence, claim amounts and risks
  • Clear communication throughout every stage of the proceedings

Frequently Asked Questions

As a general rule, the time limit for challenging a dismissal is 20 working days from the effective date. Saturdays, Sundays and public holidays applicable to the competent court are not counted. Filing a conciliation request affects the calculation of this time limit in accordance with the law. As the deadline is very short, it is advisable to review the dismissal letter and file the claim without waiting for an informal negotiation to conclude.

A dismissal is considered fair when the employer proves the stated grounds and complies with the applicable legal requirements. It is unfair when the grounds are not proven or there are significant formal defects; depending on the case, this may lead to reinstatement or compensation. A dismissal is null and void in situations such as discrimination or infringement of fundamental rights and generally results in reinstatement and payment of lost wages.

The signature usually confirms receipt, not agreement. If you disagree, it is common to write “not in agreement” together with the actual date of receipt and keep a copy. However, each situation should be reviewed before signing other documents, especially agreements, final settlements or waivers, as their wording may have different legal effects.

Yes, if the temporary nature of the contract is not based on a valid reason, the employment relationship has exceeded the legal limits, or the termination conceals a dismissal. The analysis should include previous contracts, the actual duties performed, the duration, any extensions and the reason communicated by the employer. The termination of a temporary contract may also be subject to a 20-working-day time limit for challenging it.

It depends on the type of termination, length of service and the applicable salary basis. The calculation may be affected by extra payments, allowances, variable remuneration and periods worked before and after legal reforms. An amount stated in the dismissal letter or final settlement should not be accepted automatically: it is advisable to verify the figures and distinguish between compensation, outstanding wages and accrued holiday.

The general time limit for claiming unpaid wages and other amounts arising from the employment contract is one year from the date each amount became due. Payslips may include monthly amounts with different limitation dates, so it is important to calculate the claimable period before sending a formal demand or filing the conciliation request.

Yes. The date of notification, the alleged facts, the applicable rule or collective bargaining agreement and the proportionality of the sanction should all be reviewed. The time limit for challenging disciplinary sanctions is short, so it is advisable to keep the communication and seek legal advice immediately. Failing to act may allow the sanction to become final and be used in subsequent disciplinary decisions.

The first step is to determine whether this is an ordinary change within the employer’s managerial powers or a substantial change to working conditions. In the latter case, the employer must justify and communicate the measure in accordance with the applicable procedure. The employee may have the option to challenge the measure or request termination of the employment relationship with compensation, subject to specific time limits.

It is necessary to identify the overtime hours worked, the time-recording system, the agreed working hours and the rules established in the applicable collective bargaining agreement. Working time records, shift schedules, emails, access records, messages and witness evidence may be used. The financial claim is subject to the general one-year time limit, although evidence should be preserved from the outset.

Emails, messages, contradictory instructions, unjustified changes, witness evidence, reports made through internal channels, medical reports and a detailed chronology may all be relevant. There is usually no single decisive piece of evidence; the overall set of indications is assessed. Before making recordings or accessing someone else’s information, it is advisable to assess their legality and usefulness so as not to undermine the case.

It should be assessed whether there are indications of discrimination, infringement of fundamental rights or a connection between a previous claim and the dismissal. Some situations benefit from enhanced protection and may result in the dismissal being declared null and void. The time limit for challenging the dismissal remains short, so it is advisable to preserve the documentation and prepare an accurate chronology.

The regulations provide work-life balance mechanisms that may allow you to request adjustments to the duration and distribution of working hours, the way work is performed or remote working arrangements where reasonable. The employer must negotiate and respond in accordance with the applicable regulations. If the request is refused or there is disagreement, the court procedure is urgent and the time limit for bringing a claim may be 20 days.

It is advisable to do so before hiring, changing working conditions, imposing disciplinary sanctions, dismissing an employee, implementing remote working, responding to a complaint or dealing with an inspection. A preventive review makes it possible to correct documentation, assess risks and avoid decisions that may be difficult to defend. Waiting until the dispute has reached the courts usually reduces the available options for negotiation.

The scope depends on the matter, but it may include employment contracts, payslips, working time records, Social Security registrations and contributions, occupational risk prevention documentation, equality policies, documentation relating to foreign workers and internal communications. The company should organise its response, check that the documents are consistent and comply with the deadlines set out in the request.

In many employment disputes, prior conciliation or mediation is required before bringing a claim before the Social Court. However, the Law Regulating the Social Jurisdiction provides exceptions for certain matters, such as some Social Security proceedings, holidays, geographical mobility, substantial changes to working conditions, work-life balance or the protection of fundamental rights. The correct procedure must be determined on a case-by-case basis.

Yes. The parties may reach agreements regarding the termination date, compensation, outstanding amounts, confidentiality and other matters, provided that the terms are lawful and clearly understood. Formalisation is important: depending on the case, it may be advisable to record the agreement through conciliation to strengthen its enforceability and avoid future disputes.

Yes. The case combines medical, employment and legal aspects. Functional limitations, the person’s usual occupation, contribution history and medical reports are reviewed to assess the application, any prior administrative claim and a potential court claim. The degree of incapacity depends not only on the diagnosis, but on how it affects the person’s ability to work.

Contribution periods may be coordinated where European Union rules or a bilateral Social Security agreement applies. The outcome depends on the countries involved, the benefit being claimed and the contribution periods credited. It is advisable to gather certificates and employment contribution records from each system to avoid omissions when applying for retirement or incapacity benefits.

It is possible, but the employment relationship, residence status, Social Security, taxation, occupational risk prevention and remote working regulations must all be reviewed. The fact that the company is based outside Spain does not automatically remove Spanish legal obligations. A coordinated analysis can help avoid subsequent regularisation issues and disputes over the applicable law.

Make an informed employment decision before the deadline

Tell us what happened and attach the key documents. We will review the matter and explain your options, the risks involved and the next steps.

Tell us about your case