Unfair dismissal in Spain: deadlines to claim and compensation
If you have been dismissed in Spain, the clock starts ticking that very day. You have 20 working days to challenge it and, once that period has passed, the dismissal becomes final even if it was unfair. Here are the types of dismissal, what you are entitled to and the steps to take.
Types of dismissal
- Disciplinary: for a serious and culpable breach by the employee (absences, insubordination, breach of good faith). There is no compensation if it is declared justified.
- Objective: for economic, technical, organisational or production reasons, or supervening incapacity. It carries 20 days’ pay per year, up to 12 months’ pay, which must be made available to the employee when the letter is delivered.
When it is unfair
When the employer cannot prove the stated reason, fails to meet the formal requirements (a letter setting out facts and date, 15 days’ notice for objective dismissals) or the sanction is disproportionate. Many generic letters end up this way.
It is void if it breaches fundamental rights or affects protected situations: pregnancy, birth or care leave, reduced hours for childcare, victims of gender-based violence or retaliation for making a claim, among others. A void dismissal requires reinstatement and payment of lost wages.
Compensation for unfair dismissal
- 33 days’ pay per year worked, up to 24 months’ pay.
- For contracts signed before 12 February 2012, the earlier period is calculated at 45 days per year, with the transitional caps set by law.
Once the dismissal is declared unfair, the employer chooses within 5 days between reinstating the employee (paying the wages accrued during the proceedings) or paying compensation. If the employee is a workers’ representative, the choice is theirs.
Steps to make a claim
1. Sign the letter and the final settlement as "not in agreement" (no conforme) and keep a copy. Signing only proves receipt.
2. File the conciliation claim with the regional mediation, arbitration and conciliation service in Albacete. This suspends the 20-day period.
3. The conciliation hearing is held: if there is an agreement, you are paid without a trial; if not, the process continues.
4. File a claim with the Employment Court within the remaining days.
For workers in Villarrobledo, La Roda or the surrounding area, the competent employment court is usually in Albacete city.
What to prepare
Your contract and extensions, recent payslips, the dismissal letter, the final settlement, communications with the company (emails, messages) and any witnesses. If you believe the dismissal is retaliation, keep all evidence.
Do not forget unemployment benefit
You can apply for unemployment benefit from the date of dismissal, even if you are challenging it. Apply within 15 working days to avoid losing days of benefit.
How we help
We review your letter and calculate the compensation, file the conciliation claim, negotiate at the hearing and defend you at trial. We assist workers in Albacete, Villarrobledo, La Roda, Tomelloso, Hellín, Almansa and across the province, in English if needed.
Frequently asked questions
When do the 20 days start?
From the day after the dismissal takes effect. They are working days: Saturdays, Sundays and public holidays do not count.
Can I claim unemployment benefit if I challenge the dismissal?
Yes. Challenging the dismissal does not prevent you from applying for unemployment benefit.
What if I sign the final settlement?
If you sign as "not in agreement" you keep your right to claim. Even without that note, it is often still possible.
This article is for information only and does not replace professional advice on your specific case. It refers to Spanish law.
