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Spain - Procedural requirements for individual dismissals


Procedural requirements for individual dismissals - Spain - 2019    

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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