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Collective dismissal (ERE) in Spain 2026: complete guide for companies and workers

Collective dismissal (ERE) in Spain 2026: complete guide for companies and workers

Practical Guides13 min read

Practical guide to collective redundancy in Spain: causes, numerical thresholds, consultation period, 20 days/year severance, permanence priority and rights of affected workers.

by Equipo Lexiel

Table of contents
  1. Overview
  2. Numerical thresholds
  3. Causes
  4. Process
  5. Severance: 20 days/year, max 12 monthly salaries
  6. Key worker rights

Collective Dismissal (ERE) in Spain 2026

Overview

ERE (Expediente de Regulación de Empleo) is the mandatory procedure for collective redundancy under Art. 51 ET. It applies when a company dismisses workers exceeding numerical thresholds within a 90-day period.

Numerical thresholds

Company sizeThreshold
< 100 employees10+ workers
100-300 employees10% of headcount
≥ 300 employees30+ workers
Full closureAll employees

Causes

Economic (losses or persistent revenue decline over 3+ quarters), technical (changes in production methods/tools), organisational (changes in work methods), or production-related (changes in market demand).

Process

  1. Open consultation period (30 days for 50+ employees, 15 days for smaller firms)
  2. Good-faith negotiation with worker representatives
  3. Decisión (with or without agreement), no administrative authorisation required since 2012
  4. Individual dismissal letters with 30 days notice

Severance: 20 days/year, max 12 monthly salaries

This is the legal minimum. Negotiated agreements frequently exceed this.

Key worker rights

  • Unemployment benefit with no waiting period
  • Priority permanence for union reps, pregnant workers, domestic violence victims
  • Individual challenge: 20 working days from dismissal letter
  • Involuntary early retirement from age 61 (penalty 1.875%/quarter)

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