How to Legally Manage a Dismissal in Spain: Step-by-Step Guide
Nobody wants to reach this point, but sometimes it is inevitable. How you handle the dismissal determines whether it is fair, unfair or void. The financial difference can be thousands of euros.
Types of dismissal
Disciplinary (Art. 54): for serious employee misconduct. If fair, no compensation. Objective (Art. 52): for economic, technical or organizational reasons. 20 days/year compensation. Unfair: when requirements are not met. 33 days/year compensation.
Formal requirements
The dismissal letter must contain specific facts and the effective date. For objective dismissals, 15 days notice and compensation available at letter delivery.
Why time tracking records matter
If you dismiss for attendance issues or low performance without reliable time tracking records, how do you prove it? Clock-in records are documentary evidence in court. Your time tracking system is your best ally. Always consult a labor lawyer before executing a dismissal.
Frequently Asked Questions
How do I dismiss an employee legally in Spain?
For the strict causes set in the Workers Statute: disciplinary, objective or collective. Each requires specific procedure, formalities and deadlines.
What severance applies on dismissal?
33 days/year worked (unfair), 20 days/year (objective lawful) or none (lawful disciplinary). It depends on the type and judicial validity.
Can the worker challenge the dismissal?
Yes, they have 20 working days from the effective date to file conciliation and a subsequent court claim.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The information may not be complete, accurate or up to date. For specific legal matters related to your company, always consult a qualified labor law professional or your employment advisor.