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

Spain - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): labour court

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): labour court

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): labour court

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): labour court

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): labour court

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): labour court

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): labour court

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
 new 

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): labour court

Existing arbitration: Yes  new 

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
- Dismissal declared unfair by the Court (a valid reason has not been given, or cannot be legally substantiated - "despido improcedente"): the employer can opt for compensation in lieu of reinstatement 45 days' wages for each year of service up to a maximum of 42 months' pay + back pay from the date of the dismissal until the judicial decision or until the the worker finds another job if that happens before the court's decision.
As a result of the labour market reform, if the employer does not comply with the procedural requirements for individual or collective dismissals or if he or she fails to prove the existence of alleged cause for termination, the dismissal will now be considered unfair by the Court (and not anymore null and void). This means that the employer can choose between reinstatement and the payment of compensation instead of mandatory reinstatement required by the nullity of the dismissal.
[Compensation for unfair dismissal is reduced to 33 days' wages per years of service up to a maximum of 24 months' wages in the event of objective dismissal subsequently declared unfair (improcedente) if the dismissed worker is under a contract for the promotion of indefinite employment ("contrato de fomento de la contratación indefinida"). Those contracts (which are indefinite-term contracts with government incentives) can be concluded with certain categories of unemployed individuals (i.e individuals aged 16-30, individuals over 45 years, under-represented women, disabled persons...) and with people under a fixed-term or temporary contract, including training contracts.]
- If the employer acknowledges that the dismissal is unfair and deposits compensation for unfair dismissal with the Labour Court within 2 days of the dismissal, the employee will not be entitled to back pay if the Court subsequently rules the dismissal to be unfair.
- No compensation following discriminatory dismissal or dismissal based on maternity-related grounds. In such cases the dismissal is null and void and reinstatement with back pay is the only available remedy.
- In the event of non-compliance with procedural requirements applicable to disciplinary dismissal, the employer may choose between reinstatement and compensation for unfair dismissal + back bay as described above.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): labour court

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
- Dismissal declared unfair by the Court (a valid reason has not been given, or cannot be legally substantiated - "despido improcedente"): the employer can opt for compensation in lieu of reinstatement 45 days' wages for each year of service up to a maximum of 42 months' pay + back pay from the date of the dismissal until the judicial decision or until the the workers finds another job if that happens before the court's decision.
[Compensation for unfair dismissal is reduced to 33 days' wages per years of service up to a maximum of 24 months' wages in the event of objective dismissal subsequently declared unfair (improcedente) if the dismissed worker is under a contract for the promotion of indefinite employment ("contrato de fomento de la contratación indefinida"). Those contracts can be concluded with certain categories of unemployed individuals (i.e individuals aged 16-30, individuals over 45 years, under-represented women, disabled persons).]
- If the employer acknowledges that the dismissal is unfair and deposits compensation for unfair dismissal with the Labour Court within 2 days of the dismissal, the employee will not be entitled to back pay if the Court subsequently rules the dismissal to be unfair.
- No compensation following discriminatory dismissal or dismissal based on maternity-related grounds. In such cases the dismissal is null and void and reinstatement with back pay is the only available remedy.
- No compensation if the employer fails to observe the requirements applicable to objective dismissal (written notice indicating the reasons for dismissal and payment of severance pay): the dismissal is null and void and therefore the employee is entitled only to reinstatement with back pay.
- In the event of non-compliance with procedural requirements applicable to disciplinary dismissal, the employer may choose between reinstatement and compensation for unfair dismissal + back bay as described above.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): labour court

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
- Dismissal declared unfair by the Court (a valid reason has not been given, or cannot be legally substantiated - "despido improcedente"): the employer can opt for compensation in lieu of reinstatement 45 days' wages for each year of service up to a maximum of 42 months' pay + back pay from the date of the dismissal until the judicial decision or until the the workers finds another job if that happens before the court's decision.
[Compensation for unfair dismissal is reduced to 33 days' wages per years of service up to a maximum of 24 months' wages in the event of objective dismissal subsequently declared unfair (improcedente) if the dismissed worker is under a contract for the promotion of indefinite employment ("contrato de fomento de la contratación indefinida"). Those contracts can be concluded with certain categories of unemployed individuals (i.e individuals aged 16-30, individuals over 45 years, under-represented women, disabled persons).]
- If the employer acknowledges that the dismissal is unfair and deposits compensation for unfair dismissal with the Labour Court within 2 days of the dismissal, the employee will not be entitled to back pay if the Court subsequently rules the dismissal to be unfair.
- No compensation following discriminatory dismissal or dismissal based on maternity-related grounds. In such cases the dismissal is null and void and reinstatement with back pay is the only available remedy.
- No compensation if the employer fails to observe the requirements applicable to objective dismissal (written notice indicating the reasons for dismissal and payment of severance pay): the dismissal is null and void and therefore the employee is entitled only to reinstatement with back pay.
- In the event of non-compliance with procedural requirements applicable to disciplinary dismissal, the employer may choose between reinstatement and compensation for unfair dismissal + back bay as described above.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): labour court

Existing arbitration: Yes