A dismissal almost always comes as a surprise, and the decisions you make in the first few days matter most. The deadline for challenging it is very short and, if it passes, the dismissal becomes final even if it was unfair. That is why you need to know what to do if you are dismissed in Spain from the moment you receive the letter.
At MH & MG Abogados we have been defending employees in Barcelona and Roses (Girona) for more than 25 years. Here are the key steps.
1. What to do when you receive the letter
- Sign only as “received, not in agreement” (recibido, no conforme), on both the dismissal letter and the final settlement (finiquito). Signing does not mean accepting the dismissal, but adding “no conforme” avoids arguments.
- Check the effective date: it marks the start of the time limit for challenging it.
- Keep everything: the letter, your contract, payslips, emails and any messages that may be useful.
- Ask for the employer’s certificate and apply for unemployment benefit. Challenging the dismissal does not stop you from claiming benefit.
2. The deadline: 20 working days
You have 20 working days from the day after the effective date of the dismissal to challenge it. Saturdays, Sundays and public holidays do not count, but August does. It is a strict deadline: it is not interrupted, only suspended when the conciliation request is filed.
3. Conciliation request and claim
Before going to the Employment Court you must file a conciliation request (papeleta de conciliación) with the Catalan government’s conciliation service. At the conciliation hearing, employer and employee can reach an agreement, and many dismissals are settled there. If there is no agreement, or the employer does not attend, the claim is filed within the days remaining of the time limit.
4. How the dismissal can be classified
- Fair (procedente). The judge finds the grounds proven. For a disciplinary dismissal there is no severance pay. For an objective dismissal, the employee keeps the 20 days’ pay per year of service, up to 12 months’ pay.
- Unfair (improcedente). The grounds are not proven or the formal requirements were not met. The employer chooses between reinstating you or paying severance of 33 days’ pay per year worked, up to 24 months’ pay. If your contract began before 12 February 2012, service before that date is calculated at 45 days per year.
- Void (nulo). The dismissal breaches fundamental rights or affects specially protected employees, such as pregnant women or those on birth leave. The employer must reinstate you and pay the wages you lost.
The Council of Europe has asked Spain to review these caps because it considers them insufficient in some cases. For now the law has not changed, and additional compensation is only awarded exceptionally.
5. Check the final settlement too
In addition to severance pay, the employer must pay your final settlement: wages for days worked, untaken holiday and the pro rata share of extra payments. Calculation errors are common, so it is worth checking.
We help you defend your rights
At MH & MG Abogados we analyse your dismissal letter, calculate what you are owed, file the conciliation request and claim within the deadline and represent you at conciliation and trial. Find out more on our employment law page.
Book an in-person or online appointment in Barcelona (+34 93 368 32 02) or Roses (+34 972 15 24 32), via WhatsApp (+34 653 964 658) or through our contact page. Do not let the deadline pass.