At Prosperi Ordinas Abogados, as employment lawyers in Mallorca, we help you when the problem is at work: a dismissal, a final settlement that doesn’t add up, overtime that never shows up on your payslip or a season when the company doesn’t call you back. We know what is at stake, your income and your stability, and that the deadlines to make a claim are very short. Tell us what has happened and within 24 hours we will tell you what options you have.
Employment law is full of deadlines, formalities and details that can work in your favour… or against you if you don’t know them. The deadline that matters most: a dismissal can be challenged within 20 working days, not counting Saturdays, Sundays or public holidays, and before going to court you must file a conciliation request with the TAMIB, the Balearic Islands’ labour mediation tribunal.
To claim unpaid wages, overtime or an underpaid final settlement, you have one year. That is why the first thing we do when we review your case is to put dates on everything: which deadline is running, when it expires and which documents we need to get there with time to spare. That way the calendar doesn’t decide for you.
We go through your dismissal letter, contract, payslips and final settlement with you, and work out what you are entitled to before taking any step. If there are grounds for a claim, we tell you honestly and explain what you can achieve; if there aren’t, we tell you that too, so you don’t waste time or money.
Then we take care of the whole process: the conciliation request at the TAMIB, negotiating with the company, a complaint to the Labour Inspectorate when needed, and your defence before the Employment Courts of Palma if there is no agreement. You don’t have to face the company on your own. That’s what we are here for.
You tell us what has happened and we review your documents. Within 24 hours we tell you what options you have and which deadline applies.
We calculate the compensation or the amounts you are owed and decide with you whether it is best to negotiate, go to conciliation or go to court.
We represent you at conciliation, in negotiations and, if needed, at trial. We keep you informed at every step.
Many people call us without knowing whether what is happening to them at work is legal or whether it is worth making a claim. At our firm we handle matters such as:
Disciplinary or objective dismissals, or dismissals with no clear reason
Permanent seasonal workers who are not called back when the season starts
Final settlements that are miscalculated or never paid
Unpaid wages, overtime and bonuses
Changes to your schedule, shift or duties imposed by the company
Workplace harassment and unfair treatment at work
Problems with your employer while you are on sick leave
Disciplinary sanctions you consider unfair
Chained or fraudulent temporary contracts
Collective redundancies (ERE)
In Mallorca many of these disputes come with the season: hospitality and tourism contracts that end in autumn, call-backs that never come in spring and Augusts with more hours worked than you are later paid for. We handle them every day and we know how to claim them.
Active Listening
Before we talk about the law, we listen to your story calmly: what has happened, since when and what you hope to achieve.
Deadlines Under Control
From day one we pin down when your deadline to claim expires and work with time to spare so you are never too late.
Clear Language
We explain your dismissal letter, your contract and your payslips in plain words, without legal jargon.
Negotiation and Trial
We seek the best agreement at conciliation and, if the company doesn’t offer one, we defend your case in court.
Clear Fees
Before we start, you know how much each stage of the process will cost. No small print and no surprises at the end.
Human Approach
Losing your job or suffering abuse at work is hard. We listen to you calmly and stay by your side until it is resolved.
When you have a problem at work, all the questions come at once: whether it is worth making a claim or letting it go, how much time you have, what to do with your final settlement or how much it will cost you. We have gathered here the questions we are asked most often at the firm, so you have a clear picture before you decide.
You have 20 working days from the day after your dismissal, not counting Saturdays, Sundays or public holidays. Within that period you must file the conciliation request with the TAMIB, which pauses the count while it is being processed. To claim unpaid wages, overtime or your final settlement, you have one year. If you miss the dismissal deadline, you lose the chance to challenge it, even if you are in the right.
You can sign it to confirm that you have received it and write next to your signature that you do not agree. That way you collect what you are being paid and keep your right to claim the difference or to challenge the dismissal. You can also ask for a workers’ representative to be present when you sign it. Always keep a copy of the document.
If the dismissal is ruled unfair, the company chooses between reinstating you or paying you compensation, which the law currently sets at 33 days’ salary per year worked, up to a maximum of 24 months’ pay, and 45 days per year for time worked before 12 February 2012. In a dismissal for objective reasons you are entitled to 20 days per year, up to a maximum of 12 months’ pay. If the dismissal is declared void, you have the right to return to your job and to recover the wages you have lost.
If the season starts and the company does not call you back when it should, the law treats it as a dismissal. The 20 working days to claim run from the date you should have been called back, or from when you find out you will not be, so it is best not to wait. Keep your contract, your start dates from previous seasons and any messages from the company: they prove when you should have gone back to work.
Not always. In most cases, before any trial there is a conciliation hearing at the TAMIB, and many cases end there with an agreement between you and the company. If there is no agreement, the claim is filed with the Employment Courts of Palma and the judge decides. We are with you at every stage, so you always know what is going to happen.
It depends on the case and how far it has to go: reviewing a final settlement is not the same as taking a dismissal to court. Before we start, we explain the fees for each stage, whether conciliation, negotiation or a trial if it comes to that, so you know from the outset how much you will pay. Knowing your options in time often avoids bigger costs from signing an unfavourable agreement or missing a deadline.
