Dismissal in Spain: Severance Pay, Notice and Deadlines to Appeal
Spanish law sets severance by the type of dismissal and gives workers a short window to contest it. Here is how it works for employees in Catalonia.
In Spain, an employer can dismiss a worker for disciplinary reasons or for objective reasons. An objective dismissal pays 20 days’ salary per year worked, up to 12 months’ pay, with 15 days’ notice. If a court rules a dismissal unfair, the employer chooses between taking you back or paying 33 days per year, up to 24 months. You have 20 working days to challenge it.
What types of dismissal are there?
The rules are in the Estatuto de los Trabajadores (Workers’ Statute), articles 49 to 56. A court classifies each dismissal as fair (procedente), unfair (improcedente) or void (nulo).
| Situation | Severance, as of November 2026 |
|---|---|
| Disciplinary dismissal ruled fair | None |
| Objective dismissal ruled fair | 20 days’ salary per year worked, maximum 12 months’ pay |
| Unfair dismissal (either type) | Employer chooses: reinstatement with back pay, or 33 days per year, maximum 24 months’ pay |
| Void dismissal | Immediate reinstatement and payment of lost wages |
| End of a temporary contract | 12 days’ salary per year worked, except training and replacement contracts |
A dismissal is void if it is based on discrimination or breaches a fundamental right, and in protected situations such as pregnancy, birth or childcare leave, or the 12 months after returning from birth or adoption leave, unless the employer proves a reason unrelated to them.
Which reasons count as disciplinary or objective?
A disciplinary dismissal requires a serious and culpable breach by the worker. The statute lists repeated and unjustified absence or lateness, indiscipline or disobedience, verbal or physical abuse, breach of good faith or abuse of trust, a continued and deliberate drop in performance, habitual drunkenness or drug use that affects the work, and harassment.
An objective dismissal covers reasons that are not the worker’s fault:
- incompetence that appears or becomes known after the trial period
- failure to adapt to reasonable technical changes in the job, after the employer has offered training and waited at least two months
- economic, technical, organizational or production reasons affecting fewer workers than a collective dismissal
For an objective dismissal, the employer must give you a written letter stating the cause, pay the 20 days’ severance at the same time and give 15 days’ notice. During the notice period you are entitled to six paid hours a week to look for a new job. If the employer gives no notice, it must pay the wages for those 15 days.
How is severance calculated?
Severance is based on your daily salary multiplied by the days per year of service, with periods under a year counted by months. A worker with a daily salary of €60 and four years of service would receive 20 × €60 × 4 = €4,800 for a fair objective dismissal, or 33 × €60 × 4 = €7,920 if the dismissal is ruled unfair.
Contracts signed before 12 February 2012 follow a transition rule: 45 days per year for service before that date and 33 days for service after. The total is capped at 720 days’ salary, unless the pre-2012 period alone already gives more, with an absolute maximum of 42 months’ pay.
What is the finiquito?
The finiquito is the final settlement of what the employer owes you when the contract ends, separate from any severance. It usually includes salary for days worked in the last month, unused paid holidays and the proportional part of extra payments. The employer must give you a proposal of this settlement together with the dismissal or notice letter.
You can ask for a workers’ representative to be present when you sign the receipt. Read it carefully before signing, and get advice from a union or a labor lawyer (advocat laboralista) if the figures look wrong or the document says you accept the dismissal.
How do you challenge a dismissal in Catalonia?
The deadline is strict: 20 working days from the day after the dismissal. Saturdays, Sundays and public holidays do not count, and once the period expires, the claim is lost.
- File a conciliation request (papereta de conciliació) with the Generalitat’s administrative conciliation service. It is free, and filing it stops the 20-day clock. Individuals can file in person; the official procedure page explains the options.
- Include your personal details, job, salary, seniority and category, the facts, and the reasons the company gave.
- Attend the conciliation meeting with the employer. If you agree on terms, the signed record has the force of a settlement.
- If there is no agreement, file a claim with the Barcelona social courts (Jutjats Socials) in the time remaining.
For anything beyond a simple case, get legal advice from a union or a labor lawyer before the conciliation, since what you agree there is binding.
Can you claim unemployment benefit after a dismissal?
Yes. Any dismissal, fair or unfair, puts you in a legal situation of unemployment, so you can claim if you have at least 360 days of contributions. Apply within 15 working days; you do not need to wait for the conciliation or the court case. Our guide to unemployment benefit in Spain covers amounts and steps, and our overview of employee rights in Spain covers holidays, pay and working hours.
Bottom line
Write down the date you received the dismissal letter and count 20 working days from the next day, then file the conciliation request well before the end. Keep payslips, your contract and the letter together, because the salary and seniority in them decide your severance.
FAQ
Do I get notice for a disciplinary dismissal?
No. A disciplinary dismissal takes effect on the date in the letter. Only objective dismissals require 15 days’ notice.
Can an employer delay severance because of losses?
In an objective dismissal for economic reasons, the employer can say in the letter that it cannot pay the severance at that moment. You keep the right to claim it when the dismissal takes effect.
What happens if a court rules the dismissal unfair?
The employer has five days from the ruling to choose between reinstating you with back pay or paying 33 days per year of service. If it does not choose, reinstatement applies.
Can I be dismissed while pregnant or on parental leave?
A dismissal in these situations is void unless the employer proves it is fair for reasons unrelated to the pregnancy or leave. A void dismissal means reinstatement and payment of lost wages.
