Collective dismissal (ERE) in Spain 2026: complete guide for companies and workers
Practical guide to collective redundancy in Spain: causes, numerical thresholds, consultation period, 20 days/year severance, permanence priority and rights of affected workers.
# 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 size | Threshold |
|---|---|
| < 100 employees | 10+ workers |
| 100-300 employees | 10% of headcount |
| ≥ 300 employees | 30+ workers |
| Full closure | All 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
- Open consultation period (30 days for 50+ employees, 15 days for smaller firms)
- Good-faith negotiation with worker representatives
- Decisión (with or without agreement), no administrative authorisation required since 2012
- 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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