Flexibility in the interpretation of the requirement of correspondence between the content of the conciliation letter and the content of the demand

Commentary on Supreme Court Ruling 49/2025, 23 January

Abstract

It is possible to request the nullity of the retaliatory dismissal in the written statement of claim, even if only the unlawfulness of the dismissal had been requested in the conciliation letter, understanding that the requirement of correspondence between the factual content of the conciliation letter and that of the claim has been fulfilled if the worker has formulated said letter without legal assistance, has used a standardized model that only included the option of unlawful dismissal and also the conciliation act has been held without effect due to the company's failure to appear.