Dismissal Lawyers in Spain

Q: What is the notice period in Spain for dismissals?

For objective dismissals (e.g., economic reasons or employee unsuitability), employers must provide 15 days’ notice . During this period, employees are entitled to 6 hours of paid leave per week to seek new employment. For disciplinary dismissals , no notice period is required if the dismissal is deemed fair, but a detailed dismissal letter must be provided. Failure to meet notice requirements can lead to an unfair dismissal ruling.

We specialize in dismissal cases in Spain, providing expert guidance to expats and English-speaking clients in Málaga.

Dismissals in Spain

Employment law in Spain distinguishes between different types of dismissal. Knowing your rights is essential if you are being dismissed in Spain. Common types of dismissal include:

Unfair dismissal: When termination violates legal requirements or lacks sufficient cause.

Disciplinary dismissal: Termination due to alleged misconduct or breach of contract.

Collective dismissal: When a company terminates multiple employees due to economic, technical, organizational, or production reasons.

Our solicitors help you identify the type of dismissal and advise on the best course of action.

Disciplinary Dismissal in Spain

This applies when an employer claims serious employee misconduct, such as repeated absenteeism, insubordination, or breach of trust. No severance is paid if the dismissal is deemed fair. However, if challenged and ruled unfair, compensation or reinstatement follows. Employers must provide a written letter detailing the facts and effective date.

Disciplinary Dismissal in Spain

A disciplinary dismissal happens when an employer claims you violated company rules, policies, or contractual obligations. This type of termination must follow strict procedures, including documented warnings and clear evidence of misconduct. Our team helps expats in Málaga determine if the disciplinary action was lawful and ensures your rights are fully protected.

Collective Dismissal in Spain

A collective dismissal occurs when a company terminates multiple employees due to economic, technical, organizational, or production reasons. Spanish labour law requires employers to follow specific notification and consultation procedures with employee representatives. Our lawyers provide guidance to ensure that your rights are upheld and that any compensation due is correctly calculated.

What is Unfair Dismissal in Spain?

Unfair dismissal in Spain occurs when an employer terminates your contract without valid grounds or fails to follow proper procedures. Spanish employment law does not allow terminations without cause – employers must justify dismissals based on specific reasons. If a court declares the dismissal unfair, you may be entitled to reinstatement or compensation, typically 33 days’ salary per year worked. This is prorated for partial years, with a statutory cap of either 24 monthly payments or 720 days’ salary, depending on the employee’s length of service. The calculation of compensation is based on the employee’s gross salary, including prorated extra payments. Common scenarios include:

Lack of evidence for alleged misconduct.
Improper notice or documentation.
Dismissals disguised as objective but lacking real economic justification.

If you’ve been being dismissed in Spain without fair cause, our unfair dismissal solicitors can help you challenge it effectively.

Making an Unfair Dismissal Claim

Filing an unfair dismissal claim in Spain can be complex, particularly for foreigners unfamiliar with local laws. Our team assists with:

Reviewing your employment contract and dismissal notice.
Advising on redundancy pay and compensation rights.
Representing you in negotiations or before Spanish labour courts.
Handling disciplinary dismissals in Spain to ensure proper legal assessment.

With our support, you can confidently navigate the process and maximize your chances of a successful outcome.

Roma Abogados

Facing a dismissal in Spain? You do not have to face it alone. Get your free consultation now and protect your rights!

How to File an Unfair Dismissal Claim in Spain

The process for an unfair dismissal claim is time-sensitive—act quickly:

File Submission

Within 20 days from the dismissal date, submit a claim (papeleta de conciliación) at the labour mediation service

Conciliation Meeting

Employer and employee meet to negotiate. If no agreement, proceed to court.

Court Hearing

A judge reviews evidence. If unfair, the employer chooses reinstatement (with back pay) or compensation.

Appeals

Possible to higher courts, but initial rulings are often final.

For foreigners, language barriers can complicate this—our English-speaking lawyers in Malaga handle everything from filing to representation. We guide you through each step, ensuring all documents are correctly prepared and deadlines are met. Our team is dedicated to making the process seamless, so you can focus on securing your rights.

Situations that require a dismissal spanish lawyer

Dismissal for poor performance

Juan works for a logistics company. His employer informs him that he will be dismissed for failing to meet the minimum productivity targets. Before being dismissed, Juan is entitled to receive a written letter stating the reasons for his dismissal and to the corresponding compensation, unless a very serious misconduct can be proven.

Frequently Asked Questions about dismissals in Spain

What is involved in terminating an indefinite contract in Spain?

Indefinite contracts, common in Spain, provide strong employee protections. Termination requires valid grounds, such as disciplinary reasons (e.g., misconduct) or objective reasons (e.g., economic or technical issues). Employers must provide written notice and, for objective dismissals, 15 days’ notice plus severance of 20 days’ salary per year worked. If the termination lacks justification or proper procedure, it may be deemed unfair, entitling you to higher compensation or reinstatement.

What is the notice period in Spain for dismissals?

For objective dismissals (e.g., economic reasons or employee unsuitability), employers must provide 15 days’ notice. During this period, employees are entitled to 6 hours of paid leave per week to seek new employment. For disciplinary dismissals, no notice period is required if the dismissal is deemed fair, but a detailed dismissal letter must be provided. Failure to meet notice requirements can lead to an unfair dismissal ruling.

What happens if my dismissal is ruled null in Spain?

A null dismissal occurs when the termination violates fundamental rights, such as discrimination based on gender, nationality, or residency status, or if it targets protected groups (e.g., pregnant employees). In such cases, the dismissal is void, and the employer must reinstate you with full back pay from the dismissal date. This is particularly relevant for expats facing issues related to language or residency.

Can I negotiate a settlement after being fired in Spain?

Yes, during the mandatory conciliation meeting, you can negotiate a settlement with your employer to avoid court. Settlements often involve a mutually agreed severance amount. If no agreement is reached, the case proceeds to court. Our English-speaking lawyers in Malaga can represent you during negotiations to secure the best possible outcome.

How can an English-speaking lawyer in Malaga help with my dismissal case?

For expats, navigating Spanish labour law can be daunting due to language barriers and complex procedures. Our Malaga-based law firm specializes in assisting foreigners with dismissal cases, from reviewing contracts to filing claims and representing you in court. We offer clear, English-language guidance, transparent fees, and a deep understanding of the challenges expats face in Spain.

Abogados Roma

Facing unfair dismissal in Spain? Contact our English-speaking dismissal lawyers in Malaga for a free consultation today!

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