Unfair Dismissal in Spain: Step-by-Step Guide (Arts. 55-56 ET)

# Unfair Dismissal in Spain: Step-by-Step Guide

When dismissed in Spain, you have 20 working days from the dismissal communication to challenge it (Art. 59.3 ET). After that deadline, the dismissal is deemed accepted.

Unfair Dismissal Compensation

For contracts from 12 February 2012 onwards:

33 days × daily salary × years worked (máximum 24 months' salary)

For the portion before 12 February 2012:

45 days × daily salary × years worked up to that date (cap: 42 months for that portion)

Daily salary = gross annual salary (including fixed supplements and pro-rata bonus) ÷ 365

Key Steps

Step 1: Read the Dismissal Letter

The dismissal letter must state specific facts (Art. 55.1 ET). A vague letter without concrete facts can itself make the dismissal unfair.

Step 2: Conciliation Filing (SMAC): Mandatory

Before suing, you must file a conciliation form (papeleta de conciliación) at the regional SMAC (Art. 63 LJS). This interrupts the 20-day deadline. A conciliation hearing is held within 15 working days.

Step 3: Labour Court Claim (if no settlement)

File a claim with the Tribunal de Instancia de lo Social where work was performed or the employer is domiciled. Must be filed within the remaining days of the 20-day deadline after the conciliation attempt.

Step 4: Trial and Judgment

If unfair dismissal is declared, the employer has 5 days to choose between reinstatement (+ back pay) or compensation (without back pay, except for worker representatives).

Null Dismissal (Mandatory Reinstatement)

Dismissal is null when it violates a fundamental right or occurs during maternity/paternity leave, pregnancy or family care leave.

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