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> GOVERNANCE - home > Employment protection legislation database - EPLex > Spain

Spain - Procedural requirements for individual dismissals


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Notification to the worker to be dismissed: written

Remarks:
  • - Dismissal based on objective reasons: art. 53(1)a) ET.
    - Disciplinary dismissal: art. 55(1) ET.

Notice period:
Remarks:
  • As a result of Law Act 35/2010, the notice period to be observed in the event of dismissal for an objective cause (e.g economic reasons, capacity-related reasons - see 'valid grounds') is now reduced to 15 days (instead of 30 days) (see art. 53(1)c) ET).
    With respect to disciplinary dismissal, no notice is required.

    • tenure ≥ 6 months
      • 15 day(s).
    • tenure ≥ 9 months
      • 15 day(s).
    • tenure ≥ 2 years
      • 15 day(s).
    • tenure ≥ 4 years
      • 15 day(s).
    • tenure ≥ 5 years
      • 15 day(s).
    • tenure ≥ 10 years
      • 15 day(s).
    • tenure ≥ 20 years
      • 15 day(s).

    Pay in lieu of notice: Yes

    Remarks:
    • As a result of law 35/2010, if the employer fails to observe the notice requirements, he or she shall be liable to pay compensation in an amount equivalent to the period of notice that was not given (art. 53(4) ET).

    Notification to the public administration: No

    Notification to workers' representatives: No

    Remarks:
    • No general obligation to notify the worker's representatives in the event of dismissal.
      However, notification is required in the following cases:
      - In the event of objective dismissal based on technical, organizational, economic or production-related grounds which is not part of a pattern of collective dismissal, copy of the notice of dismissal shall be given to the worker's representatives (art. 53(1)c) ET).
      - Where a trade unions member or trade union representative is dismissed by way of disciplinary dismissal (art. 55 (1) ET - see also above "worker's enjoying special protection")

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    + show references

    Notification to the worker to be dismissed: written

    Remarks:
    • - Dismissal based on objective reasons: art. 53(1)a) ET.
      - Disciplinary dismissal: art. 55(1) ET.

    Notice period:
    Remarks:
    • As a result of Law Act 35/2010, the notice period to be observed in the event of dismissal for an objective cause (e.g economic reasons, capacity-related reasons - see 'valid grounds') is now reduced to 15 days (instead of 30 days) (see art. 53(1)c) ET).
      With respect to disciplinary dismissal, no notice is required.

      • tenure ≥ 6 months
        • 15 day(s).
      • tenure ≥ 9 months
        • 15 day(s).
      • tenure ≥ 2 years
        • 15 day(s).
      • tenure ≥ 4 years
        • 15 day(s).
      • tenure ≥ 5 years
        • 15 day(s).
      • tenure ≥ 10 years
        • 15 day(s).
      • tenure ≥ 20 years
        • 15 day(s).

      Pay in lieu of notice: Yes

      Remarks:
      • As a result of law 35/2010, if the employer fails to observe the notice requirements, he or she shall be liable to pay compensation in an amount equivalent to the period of notice that was not given (art. 53(4) ET).

      Notification to the public administration: No

      Notification to workers' representatives: No

      Remarks:
      • No general obligation to notify the worker's representatives in the event of dismissal.
        However, notification is required in the following cases:
        - In the event of objective dismissal based on technical, organizational, economic or production-related grounds which is not part of a pattern of collective dismissal, copy of the notice of dismissal shall be given to the worker's representatives (art. 53(1)c) ET).
        - Where a trade unions member or trade union representative is dismissed by way of disciplinary dismissal (art. 55 (1) ET - see also above "worker's enjoying special protection")

      Approval by public administration or judicial bodies: No

      Approval by workers' representatives: No

      + show references

      Notification to the worker to be dismissed: written

      Remarks:
      • - Dismissal based on objective reasons: art. 53(1)a) ET.
        - Disciplinary dismissal: art. 55(1) ET.

      Notice period:
      Remarks:
      • As a result of Law Act 35/2010, the notice period to be observed in the event of dismissal for an objective cause (e.g economic reasons, capacity-related reasons - see 'valid grounds') is now reduced to 15 days (instead of 30 days) (see art. 53(1)c) ET).
        With respect to disciplinary dismissal, no notice is required.

        • tenure ≥ 6 months
          • 15 day(s).
        • tenure ≥ 9 months
          • 15 day(s).
        • tenure ≥ 2 years
          • 15 day(s).
        • tenure ≥ 4 years
          • 15 day(s).
        • tenure ≥ 5 years
          • 15 day(s).
        • tenure ≥ 10 years
          • 15 day(s).
        • tenure ≥ 20 years
          • 15 day(s).

        Pay in lieu of notice: Yes

        Remarks:
        • As a result of law 35/2010, if the employer fails to observe the notice requirements, he or she shall be liable to pay compensation in an amount equivalent to the period of notice that was not given (art. 53(4) ET).

        Notification to the public administration: No

        Notification to workers' representatives: No

        Remarks:
        • No general obligation to notify the worker's representatives in the event of dismissal.
          However, notification is required in the following cases:
          - In the event of objective dismissal based on technical, organizational, economic or production-related grounds which is not part of a pattern of collective dismissal, copy of the notice of dismissal shall be given to the worker's representatives (art. 53(1)c) ET).
          - Where a trade unions member or trade union representative is dismissed by way of disciplinary dismissal (art. 55 (1) ET - see also above "worker's enjoying special protection")

        Approval by public administration or judicial bodies: No

        Approval by workers' representatives: No

        + show references

        Notification to the worker to be dismissed: written

        Remarks:
        • - Dismissal based on objective reasons: art. 53(1)a) ET.
          - Disciplinary dismissal: art. 55(1) ET.

        Notice period:
        Remarks:
        • As a result of Law Act 35/2010, the notice period to be observed in the event of dismissal for an objective cause (e.g economic reasons, capacity-related reasons - see 'valid grounds') is now reduced to 15 days (instead of 30 days) (see art. 53(1)c) ET).
          With respect to disciplinary dismissal, no notice is required.

          • tenure ≥ 6 months
            • 15 day(s).
          • tenure ≥ 9 months
            • 15 day(s).
          • tenure ≥ 2 years
            • 15 day(s).
          • tenure ≥ 4 years
            • 15 day(s).
          • tenure ≥ 5 years
            • 15 day(s).
          • tenure ≥ 10 years
            • 15 day(s).
          • tenure ≥ 20 years
            • 15 day(s).

          Pay in lieu of notice: Yes

          Remarks:
          • As a result of law 35/2010, if the employer fails to observe the notice requirements, he or she shall be liable to pay compensation in an amount equivalent to the period of notice that was not given (art. 53(4) ET).

          Notification to the public administration: No

          Notification to workers' representatives: No

          Remarks:
          • No general obligation to notify the worker's representatives in the event of dismissal.
            However, notification is required in the following cases:
            - In the event of objective dismissal based on technical, organizational, economic or production-related grounds which is not part of a pattern of collective dismissal, copy of the notice of dismissal shall be given to the worker's representatives (art. 53(1)c) ET).
            - Where a trade unions member or trade union representative is dismissed by way of disciplinary dismissal (art. 55 (1) ET - see also above "worker's enjoying special protection")

          Approval by public administration or judicial bodies: No

          Approval by workers' representatives: No

          + show references

          Notification to the worker to be dismissed: written

          Remarks:
          • - Dismissal based on objective reasons: art. 53(1)a) ET.
            - Disciplinary dismissal: art. 55(1) ET.

          Notice period:
          Remarks:
          • As a result of Law Act 35/2010, the notice period to be observed in the event of dismissal for an objective cause (e.g economic reasons, capacity-related reasons - see 'valid grounds') is now reduced to 15 days (instead of 30 days) (see art. 53(1)c) ET).
            With respect to disciplinary dismissal, no notice is required.

            • tenure ≥ 6 months
              • 15 day(s).
            • tenure ≥ 9 months
              • 15 day(s).
            • tenure ≥ 2 years
              • 15 day(s).
            • tenure ≥ 4 years
              • 15 day(s).
            • tenure ≥ 5 years
              • 15 day(s).
            • tenure ≥ 10 years
              • 15 day(s).
            • tenure ≥ 20 years
              • 15 day(s).

            Pay in lieu of notice: Yes

            Remarks:
            • As a result of law 35/2010, if the employer fails to observe the notice requirements, he or she shall be liable to pay compensation in an amount equivalent to the period of notice that was not given (art. 53(4) ET).

            Notification to the public administration: No

            Notification to workers' representatives: No

            Remarks:
            • No general obligation to notify the worker's representatives in the event of dismissal.
              However, notification is required in the following cases:
              - In the event of objective dismissal based on technical, organizational, economic or production-related grounds which is not part of a pattern of collective dismissal, copy of the notice of dismissal shall be given to the worker's representatives (art. 53(1)c) ET).
              - Where a trade unions member or trade union representative is dismissed by way of disciplinary dismissal (art. 55 (1) ET - see also above "worker's enjoying special protection")

            Approval by public administration or judicial bodies: No

            Approval by workers' representatives: No

            + show references

            Notification to the worker to be dismissed: written

            Remarks:
            • - Dismissal based on objective reasons: art. 53(1)a) ET.
              - Disciplinary dismissal: art. 55(1) ET.

            Notice period:
            Remarks:
            • As a result of Law Act 35/2010, the notice period to be observed in the event of dismissal for an objective cause (e.g economic reasons, capacity-related reasons - see 'valid grounds') is now reduced to 15 days (instead of 30 days) (see art. 53(1)c) ET).
              With respect to disciplinary dismissal, no notice is required.

              • tenure ≥ 6 months
                • 15 day(s).
              • tenure ≥ 9 months
                • 15 day(s).
              • tenure ≥ 2 years
                • 15 day(s).
              • tenure ≥ 4 years
                • 15 day(s).
              • tenure ≥ 5 years
                • 15 day(s).
              • tenure ≥ 10 years
                • 15 day(s).
              • tenure ≥ 20 years
                • 15 day(s).

              Pay in lieu of notice: Yes

              Remarks:
              • As a result of law 35/2010, if the employer fails to observe the notice requirements, he or she shall be liable to pay compensation in an amount equivalent to the period of notice that was not given (art. 53(4) ET).

              Notification to the public administration: No

              Notification to workers' representatives: No

              Remarks:
              • No general obligation to notify the worker's representatives in the event of dismissal.
                However, notification is required in the following cases:
                - In the event of objective dismissal based on technical, organizational, economic or production-related grounds which is not part of a pattern of collective dismissal, copy of the notice of dismissal shall be given to the worker's representatives (art. 53(1)c) ET).
                - Where a trade unions member or trade union representative is dismissed by way of disciplinary dismissal (art. 55 (1) ET - see also above "worker's enjoying special protection")

              Approval by public administration or judicial bodies: No

              Approval by workers' representatives: No

              + show references

              Notification to the worker to be dismissed: written

              Remarks:
              • - Dismissal based on objective reasons: art. 53(1)a) ET.
                - Disciplinary dismissal: art. 55(1) ET.

              Notice period:
              Remarks:
              • As a result of Law Act 35/2010, the notice period to be observed in the event of dismissal for an objective cause (e.g economic reasons, capacity-related reasons - see 'valid grounds') is now reduced to 15 days (instead of 30 days) (see art. 53(1)c) ET).
                With respect to disciplinary dismissal, no notice is required.

                • tenure ≥ 6 months
                  • 15 day(s).
                • tenure ≥ 9 months
                  • 15 day(s).
                • tenure ≥ 2 years
                  • 15 day(s).
                • tenure ≥ 4 years
                  • 15 day(s).
                • tenure ≥ 5 years
                  • 15 day(s).
                • tenure ≥ 10 years
                  • 15 day(s).
                • tenure ≥ 20 years
                  • 15 day(s).

                Pay in lieu of notice: Yes

                Remarks:
                • As a result of law 35/2010, if the employer fails to observe the notice requirements, he or she shall be liable to pay compensation in an amount equivalent to the period of notice that was not given (art. 53(4) ET).

                Notification to the public administration: No

                Notification to workers' representatives: No

                Remarks:
                • No general obligation to notify the worker's representatives in the event of dismissal.
                  However, notification is required in the following cases:
                  - In the event of objective dismissal based on technical, organizational, economic or production-related grounds which is not part of a pattern of collective dismissal, copy of the notice of dismissal shall be given to the worker's representatives (art. 53(1)c) ET).
                  - Where a trade unions member or trade union representative is dismissed by way of disciplinary dismissal (art. 55 (1) ET - see also above "worker's enjoying special protection")

                Approval by public administration or judicial bodies: No

                Approval by workers' representatives: No

                + show references

                Notification to the worker to be dismissed: written

                Remarks:
                • - Dismissal based on objective reasons: art. 53(1)a) ET.
                  - Disciplinary dismissal: art. 55(1) ET.

                Notice period:
                Remarks:
                • As a result of Law Act 35/2010, the notice period to be observed in the event of dismissal for an objective cause (e.g economic reasons, capacity-related reasons - see 'valid grounds') is now reduced to 15 days (instead of 30 days) (see art. 53(1)c) ET).
                  With respect to disciplinary dismissal, no notice is required.

                  • tenure ≥ 6 months
                    • 15 day(s).
                  • tenure ≥ 9 months
                    • 15 day(s).
                  • tenure ≥ 2 years
                    • 15 day(s).
                  • tenure ≥ 4 years
                    • 15 day(s).
                  • tenure ≥ 5 years
                    • 15 day(s).
                  • tenure ≥ 10 years
                    • 15 day(s).
                  • tenure ≥ 20 years
                    • 15 day(s).

                  Pay in lieu of notice: Yes

                  Remarks:
                  • As a result of law 35/2010, if the employer fails to observe the notice requirements, he or she shall be liable to pay compensation in an amount equivalent to the period of notice that was not given (art. 53(4) ET).

                  Notification to the public administration: No

                  Notification to workers' representatives: No

                  Remarks:
                  • No general obligation to notify the worker's representatives in the event of dismissal.
                    However, notification is required in the following cases:
                    - In the event of objective dismissal based on technical, organizational, economic or production-related grounds which is not part of a pattern of collective dismissal, copy of the notice of dismissal shall be given to the worker's representatives (art. 53(1)c) ET).
                    - Where a trade unions member or trade union representative is dismissed by way of disciplinary dismissal (art. 55 (1) ET - see also above "worker's enjoying special protection")

                  Approval by public administration or judicial bodies: No

                  Approval by workers' representatives: No

                  + show references

                  Notification to the worker to be dismissed: written

                  Remarks:
                  • - Dismissal based on objective reasons: art. 53(1)a) ET.
                    - Disciplinary dismissal: art. 55(1) ET.

                  Notice period:
                  NOTE: This information has changed since the previous period covered.
                  Remarks:
                  • NEW: As a result of the labour market reform, enacted in its last version by the Act 35/2010, the notice period to be observed in the event of dismissal for an objective cause (e.g economic reasons, capacity-related reasons - see 'valid grounds') is now reduced to 15 days (instead of 30 days) (see art. 53(1)c) ET).
                    With respect to disciplinary dismissal, no notice is required.

                    • tenure ≥ 6 months
                      • 15 day(s).
                    • tenure ≥ 9 months
                      • 15 day(s).
                    • tenure ≥ 2 years
                      • 15 day(s).
                    • tenure ≥ 4 years
                      • 15 day(s).
                    • tenure ≥ 5 years
                      • 15 day(s).
                    • tenure ≥ 10 years
                      • 15 day(s).
                    • tenure ≥ 20 years
                      • 15 day(s).

                    Pay in lieu of notice: Yes

                    Remarks:
                    • As a result of law 35/2010, if the employer fails to observe the notice requirements, he or she shall be liable to pay compensation in an amount equivalent to the period of notice that was not given (art. 53(4) ET).

                    Notification to the public administration: No

                    Notification to workers' representatives: No

                    Remarks:
                    • No general obligation to notify the worker's representatives in the event of dismissal.
                      However, notification is required in the following cases:
                      - In the event of objective dismissal based on technical, organizational, economic or production-related grounds which is not part of a pattern of collective dismissal, copy of the notice of dismissal shall be given to the worker's representatives (art. 53(1)c) ET).
                      - Where a trade unions member or trade union representative is dismissed by way of disciplinary dismissal (art. 55 (1) ET - see also above "worker's enjoying special protection")

                    Approval by public administration or judicial bodies: No

                    Approval by workers' representatives: No

                    + show references

                    Notification to the worker to be dismissed: written

                    Remarks:
                    • - Dismissal based on objective reasons: art. 53(1)a) ET.
                      - Disciplinary dismissal: art. 55(1) ET.

                    Notice period:
                    Remarks:
                    • - The notice period to be observed in the event of dismissal for an objective cause shall be 30 days (art. 53(1)c) ET). With respect to disciplinary dismissal, notice is not required.

                      NOTE - Labour Market Reform, enacted by Royal Decree Law 10/2010 [RDL10]:
                      The RDL reduces the notice period for dismissal with objective cause to 15 days.
                      • tenure ≥ 6 months
                        • 30 day(s).
                      • tenure ≥ 9 months
                        • 30 day(s).
                      • tenure ≥ 2 years
                        • 30 day(s).
                      • tenure ≥ 4 years
                        • 30 day(s).
                      • tenure ≥ 5 years
                        • 30 day(s).
                      • tenure ≥ 10 years
                        • 30 day(s).
                      • tenure ≥ 20 years
                        • 30 day(s).

                      Pay in lieu of notice: Yes

                      Remarks:
                      • If the employer fails to observe the notice requirements, he or she shall be liable to pay compensation in an amount equivalent to the period of notice that was not given (art. 55(4) ET).

                      Notification to the public administration: No

                      Notification to workers' representatives: No

                      Remarks:
                      • No general obligation to notify the worker's representatives in the event of dismissal.
                        However, notification is required in the following cases:
                        - In the event of objective dismissal based on technical, organizational, economic or production-related grounds which is not part of a pattern of collective dismissal, copy of the notice of dismissal shall be given to the worker's representatives (art. 53(1)c) ET).
                        - Where a trade unions member or trade union representative is dismissed by way of disciplinary dismissal (art. 55 (1) ET - see also above "worker's enjoying special protection)

                      Approval by public administration or judicial bodies: No

                      Approval by workers' representatives: No

                      + show references

                      Notification to the worker to be dismissed: written

                      Remarks:
                      • - Dismissal based on objective reasons: art. 53(1)a) ET.
                        - Disciplinary dismissal: art. 55(1) ET.

                      Notice period:
                      Remarks:
                      • - The notice period to be observed in the event of dismissal for an objective cause shall be 30 days (art. 53(1)c) ET). With respect to disciplinary dismissal, notice is not required.

                        • tenure ≥ 6 months
                          • 30 day(s).
                        • tenure ≥ 9 months
                          • 30 day(s).
                        • tenure ≥ 2 years
                          • 30 day(s).
                        • tenure ≥ 4 years
                          • 30 day(s).
                        • tenure ≥ 5 years
                          • 30 day(s).
                        • tenure ≥ 10 years
                          • 30 day(s).
                        • tenure ≥ 20 years
                          • 30 day(s).

                        Pay in lieu of notice: Yes

                        Remarks:
                        • If the employer fails to observe the notice requirements, he or she shall be liable to pay compensation in an amount equivalent to the period of notice that was not given (art. 55(4) ET).

                        Notification to the public administration: No

                        Notification to workers' representatives: No

                        Remarks:
                        • No general obligation to notify the worker's representatives in the event of dismissal.
                          However, notification is required in the following cases:
                          - In the event of objective dismissal based on technical, organizational, economic or production-related grounds which is not part of a pattern of collective dismissal, copy of the notice of dismissal shall be given to the worker's representatives (art. 53(1)c) ET).
                          - Where a trade unions member or trade union representative is dismissed by way of disciplinary dismissal (art. 55 (1) ET - see also above "worker's enjoying special protection)

                        Approval by public administration or judicial bodies: No

                        Approval by workers' representatives: No