Disciplinary dismissal in Spain: grounds, procedure and compensation 2026

What is disciplinary dismissal?

Disciplinary dismissal is the unilateral termination of an employment contract by the employer as a sanction for the employee's serious and culpable breaches (Art. 54 Workers' Statute). Unlike objective dismissal (economic, organisational grounds), disciplinary dismissal is based solely on employee conduct.

Legal grounds (Art. 54.2 Workers' Statute)

The Workers' Statute exhaustively lists valid grounds: repeated unjustified absences or lateness; insubordination; verbal or physical offences against the employer or colleagues; breach of good faith or abuse of trust; sustained voluntary underperformance; habitual drunkenness or drug use affecting work; workplace, sexual or gender-based harassment.

Dismissal letter requirements

A written dismissal letter is mandatory (Art. 55.1 ET) and must specify the facts (dates, places, description) and effective date. Facts not mentioned in the letter cannot be used in court.

Trade union representatives: require a prior contradictory hearing. Omission renders the dismissal void.

Judicial classification

• Fair: grounds proven, no compensation due.
• Unfair: grounds not proven or formal defect, employer chooses reinstatement with back pay OR 33 days' salary per year of service, capped at 24 monthly salaries.
• Void: dismissal is discriminatory or violates fundamental rights (pregnancy, union membership, harassment...), mandatory reinstatement plus damages.

Key deadlines

The conciliation filing and lawsuit must be brought within 20 working days of the dismissal date (limitation, not prescription, not interrupted by negotiations).

Lexiel helps employment lawyers find updated case law on disciplinary dismissal grounds, draft claims and calculate dismissal compensation accurately.