35 frequently asked questions on Spanish employment law, answered by specialist lawyers with references to applicable legislation. Indicative information that does not replace personalised consultation with a qualified lawyer.
The deadline is 20 working days from the dismissal date (article 59.3 of the Workers' Statute). Saturdays, Sundays and public holidays do not count. After this period, the right to challenge expires and cannot be reclaimed, so it is essential to act quickly. Before filing a court claim, prior conciliation before the mediation body (TLC in Catalonia, SMAC elsewhere) is mandatory, and the conciliation request must also be filed within those 20 days.
For contracts entered after 12 February 2012, compensation is 33 days of salary per year worked, prorated by months for periods under one year, capped at 24 months' pay. For seniority accrued before that date, 45 days per year apply (capped at 42 months' pay), provided the total does not exceed 720 days. This compensation is exempt from personal income tax up to the legal limit for unfair dismissal, with a cap of 180,000 euros.
There are three main categories: disciplinary dismissal (serious misconduct, no compensation if upheld), objective dismissal (economic, technical, organisational or production reasons, 20 days per year compensation), and collective dismissal or ERE (affecting a legal percentage of the workforce). If a court declares any of these unfair, compensation becomes 33 days per year. If the dismissal is declared null and void (violation of fundamental rights or discrimination), the employee must be reinstated with payment of all wages from the dismissal date.
Under article 55.1 of the Workers' Statute, the letter must be delivered in writing, clearly stating the facts that justify the dismissal and the effective date. For disciplinary dismissals, it must describe the employee's specific conduct. For objective dismissals, it must explain the economic, technical or organisational cause, and must be accompanied by the simultaneous payment of the 20-days-per-year compensation (with 15 days' notice). Omitting any of these requirements may lead to a declaration of unfair dismissal.
Yes, an employer can dismiss you while on sick leave, but sick leave alone cannot be the cause of the dismissal. Following Constitutional Court ruling 118/2019 and subsequent legislation, a dismissal based on the employee's illness may be declared null and void due to discrimination, with mandatory reinstatement and payment of all back wages. If the employer cites genuine objective or disciplinary grounds unrelated to the sick leave, the dismissal may still be lawful or unfair. The burden of proving non-discrimination lies with the employer.
Dismissing a pregnant worker is presumed null and void, unless the employer proves there is a real cause completely unrelated to the pregnancy (article 55.5.b of the Workers' Statute). This protection extends throughout the pregnancy, maternity leave, and up to 12 months after the birth. The consequence of nullity is mandatory reinstatement with back wages, and possibly additional moral damages if a violation of fundamental rights is proven.
Fair: the court upholds the employer's reason; the employee receives no compensation (disciplinary) or 20 days per year (objective). Unfair: the court finds insufficient cause or serious formal defects; the employee may receive reinstatement or compensation of 33 days per year (the employer chooses, except for union representatives). Null and void: there is a violation of fundamental rights, discrimination, or enhanced protection (pregnancy, sick leave, etc.); the consequence is mandatory reinstatement with back wages.
Severance pay for unfair dismissal is exempt from personal income tax up to the legally recognised amount (33 days per year, maximum 24 months' pay), with an absolute cap of 180,000 euros. Any amount exceeding the legal limit or this cap is taxed as employment income, although a 30% reduction for irregularity may apply if seniority exceeds two years. Severance for objective dismissal is also exempt up to the legal limit of 20 days per year.
The formula is: (daily salary × recognised days × years of seniority). Daily salary is calculated by dividing the gross annual salary (including prorated bonuses, fixed allowances and consolidated variables) by 365 days. Recognised days are 33 (unfair) or 20 (objective). Seniority is computed in years and months (months are prorated). Example: an employee earning €30,000 gross with 4 years of seniority dismissed unfairly would receive approximately 30,000 ÷ 365 × 33 × 4 ≈ €10,850. You can use our online calculator.
They are the wages the employer must pay from the dismissal date until the court's ruling is notified, calculated based on the salary the employee was earning. They only apply in two cases: when the dismissal is declared null and void (always), and when it is declared unfair and the employer chooses reinstatement over compensation. If the employer chooses compensation, no back wages are due. Unemployment benefits received during that period are offset against the wages.
The limitation period is 1 year from when the overtime became payable (article 59.2 of the Workers' Statute). Overtime worked more than a year ago is time-barred and cannot be claimed in court. To claim, evidence is essential: mandatory time registry (since RDL 8/2019 all companies must keep one), emails, WhatsApp messages, work logs, witness statements. The amount is calculated by multiplying hours by the ordinary hourly rate, and must be paid with at least a 75% surcharge if worked on holidays or at night.
The settlement must include: prorated extra pay bonuses, unused holiday entitlement, pending wages, and where applicable, end-of-contract compensation for temporary contracts (12 days per year). It is recommended to never sign on the same day without reviewing it. Signing with 'no conforme' (under protest) preserves your right to claim differences within 1 year. Signing without objection is considered full and final settlement and may complicate later claims, unless error or vitiated consent is proven.
Yes. After any dismissal (fair, unfair or null) you are entitled to contributory unemployment benefits if you have contributed at least 360 days in the previous 6 years. Duration ranges from 4 to 24 months depending on contributions, and the amount is 70% of the regulatory base for the first 180 days and 60% from day 181 onwards. You must register as a job seeker and apply within 15 working days of dismissal. Voluntary resignation does not entitle you to unemployment benefits.
Yes. When a temporary contract ends upon completion of the agreed term, the worker is entitled to compensation of 12 days of salary per year worked, prorated by months for shorter periods. This compensation does not apply to training contracts (alternating training or professional internship contracts). After the 2022 labour reform (Law 32/2021), most temporary contracts are presumed fraudulent unless justified causes apply (substitution, very specific production circumstances), which may convert them into permanent contracts.
From filing the claim to the trial hearing in the Barcelona Labour Courts, between 6 and 14 months normally elapse, depending on the court assigned. The judgment is usually issued within 5 working days of the hearing, though in practice it may take a few weeks. If either party appeals to the Catalonia High Court (TSJ), proceedings may extend by 8 to 18 additional months. Urgent cases (dismissal, violation of fundamental rights) receive priority handling.
Yes. Before filing a court claim, prior administrative conciliation is mandatory. In Catalonia it takes place before the TLC (Catalonia Labour Court) by submitting a conciliation request. The hearing is usually held within 15 to 30 days. If conciliation ends with agreement, an enforceable settlement is signed. If it ends without agreement or the employer fails to appear, the way to court is open. Exceptions: holidays, collective disputes, electoral matters, and proceedings without a defendant.
At the first instance (Labour Court), legal representation is not mandatory: the worker may appear in person or be assisted by a labour graduate (graduado social). However, if the employer has a lawyer, it is highly advisable for the worker to have one too, as evidentiary and procedural complexity is high. For appeals to the High Court (TSJ) and to the Supreme Court (Tribunal Supremo), assistance from a lawyer and procurator is mandatory. The first consultation at this firm is free to assess the case.
The most relevant evidence includes: employment contract and all annexes, payslips from the last 12 months, Social Security work life record, dismissal letter, email and WhatsApp communications, work logs, time records, witness statements (colleagues, clients), medical reports if on sick leave, and any document supporting the facts alleged. The worker must arrive at trial with copies for the judge, the other party, and an original. Lack of evidence or poorly prepared evidence is the main cause of losing labour cases.
In the social jurisdiction, the principle of free access for workers applies: costs are not imposed at first instance, except for procedural recklessness or bad faith expressly found by the judge. At second instance (appeal), if the employer loses the appeal, costs may be imposed (other party's lawyer fees, generally between €600 and €1,800). Workers are entitled to free legal aid if their income does not exceed 2.5 times the IPREM (approx. €1,500/month in 2025) and they meet certain requirements.
Since 2021, both parents are entitled to 16 weeks of leave on birth, non-transferable, with the first 6 weeks immediately after birth being mandatory. The remaining 10 weeks may be taken flexibly (continuous or interrupted) within one year of birth, in weekly periods, with 15 days' notice to the employer. The benefit is 100% of the regulatory base, paid by Social Security. Adoptions and fostering follow the same regime.
You have the right to a working time reduction of between 1/8 and 1/2, with proportional salary reduction, until the child turns 12 (article 37.6 of the Workers' Statute). Request it in writing with a minimum 15 days' notice, specifying start date, end date, and exact schedule. The employer may only object on justified organisational grounds, and a refusal can be appealed to the Labour Court under urgent and priority procedure. You are protected from dismissal: dismissing a worker on reduced hours is presumed null and void.
Article 37.3 of the Workers' Statute and RD 5/2023 regulate paid leave: 5 days for accident, hospitalisation or surgery of spouse, registered partner or family up to second degree; 15 calendar days for marriage or registered partnership; 2 days for death of family up to second degree (4 if travel required); 1 day for moving home; essential time for unavoidable duties, prenatal medical exams, voting. Collective agreements may improve these terms.
No. Working during temporary incapacity leave is a very serious offence that may result in termination of benefit entitlement and, in severe cases, fraud qualification with refund of amounts received. The employer may request a check via the insurance mutual and, if incompatible activity is proven, dismiss disciplinarily. The only exceptions are activities compatible with the illness expressly authorised by the doctor issuing the leave (rare and always with explicit authorisation).
Mobbing requires evidence of hostile, systematic and repeated conduct aimed at isolating, humiliating or expelling the worker. Steps: (1) Document every episode with dates, witnesses, emails, messages; (2) Request sick leave for common contingency if psychological damage exists (the mutual may declare it occupational); (3) Report to Labour Inspection (free) and/or file a court claim for violation of fundamental rights (life, moral integrity). Compensation for moral damages may be added to severance pay where applicable. The protective action expires one year after the last episode.
Immediate steps: (1) Go to the company's mutual insurance or, in emergencies, to the nearest medical centre (treatment is free for workplace accidents); (2) Notify the employer as soon as possible; (3) Ensure the employer issues the accident report (Delt@/CAT365) on time; (4) Keep all medical and mutual reports; (5) If the consequences are serious, request a permanent disability assessment. The worker is entitled to 75% of the regulatory base from the day after the accident, plus a possible 30-50% benefits surcharge if lack of preventive measures is proven.
Partial: the worker keeps their profession but with a reduction of more than 33% of normal performance; lump sum of 24 months' pay. Total: prevents performing the usual profession; 55% of the regulatory base is paid (75% if over 55 and difficult to re-employ). Absolute: prevents any profession; 100% of the regulatory base. Severe disability: requires third-party assistance for essential acts; 100% plus a 45-50% supplement. Review is possible if there is improvement or worsening.
It is an increase of 30 to 50% on all benefits (sick leave subsidy, disability pension, widow's pension) when it is proven that the accident or occupational disease was caused by lack of safety measures attributable to the employer. The surcharge is paid directly by the company (not by Social Security), and is compatible with any other civil compensation for damages. The claim has a 5-year limitation period. It is the main way to obtain significant financial compensation after a serious workplace accident.
A workplace accident occurs on the occasion or as a consequence of work, including the commute (in itinere). A common illness is unrelated to work. The difference matters because: for workplace accidents, the benefit is 75% of the regulatory base from the day after, paid by the mutual; for common illness, you receive 60% from day 4 to 20 and 75% from day 21, paid by Social Security. Only workplace accidents allow the benefits surcharge and civil employer liability.
A false self-employed worker is a worker formally registered as self-employed but who in reality provides services under the conditions of otherness and dependency typical of an employment relationship: working hours set by the company, tools provided, exclusivity, supervision, fixed remuneration. The action is the claim for declaration of employment relationship before the Labour Court. If successful, the worker is entitled to recognised seniority, dismissal compensation, holidays, bonuses, unemployment benefits, etc. The company may be sanctioned by Labour Inspection. The action does not expire while the relationship is ongoing.
After the 2022 reform (Law 32/2021), temporary contracts are only valid in two cases: replacement of workers (with express identification) or production circumstances (oscillation or temporary imbalances with concrete and objective causes). A contract is fraudulent when: the cause is not precisely specified, it chains periods without continuity, or it covers structural and permanent company activities. If declared fraudulent, it becomes permanent from the start, and if terminated, there is a right to unfair dismissal compensation.
The employer may modify working conditions through the procedure of article 41 of the Workers' Statute (Substantial Modification), which requires proven economic, technical, organisational or production reasons, 15 days' notice to the worker, and the worker's right to accept, terminate the contract with compensation of 20 days per year (max 9 months' pay), or challenge in court. Affected modifications include: working hours, schedule, remuneration system, work system, and functions exceeding article 39 limits. Lesser changes can be made without this procedure.
A post-contractual non-compete clause is valid (article 21.2 of the Workers' Statute) if it meets three cumulative requirements: (1) there is a genuine industrial or commercial interest of the employer; (2) a maximum duration of 2 years for technicians and 6 months for others; (3) the employer pays adequate financial compensation (usually 30-60% of salary). If any requirement is missing, the clause is null and void. If the worker breaches a valid clause, they must return the compensation and pay damages.
Yes. The first consultation is free and lasts 30 minutes, attended personally by the firm's principal. In this consultation we assess case viability, applicable deadlines, required documentation, and where appropriate, a fee estimate. It can be requested in three formats: in person at our Còrsega 299 office (Eixample, Barcelona), video call via Google Meet, or by phone. Book your appointment directly from our website or via WhatsApp at +34 632 82 01 52.
At Zamora Labour Lawyers we work with two models: closed fees agreed before starting the engagement (a fixed amount known from the outset, no surprises), or success-based fees in certain cases (a percentage of what is actually recovered). Indicative amounts in labour law in Barcelona are: individual dismissal (€1,500-3,500), wage claim (€800-2,500), permanent disability (€1,500-4,000). Final amounts are agreed after the free first consultation and signed in a prior engagement letter.
Yes. One of the firm's defining features is that the principal signs the professional services agreement and personally handles every matter. We do not delegate direct client contact to associates, juniors or collaborating firms. This means the person who assesses your case in the first consultation is the same person who prepares the claims, defends in court, and keeps you updated. It is one of the reasons why we maintain a limited caseload and fees somewhat above the market average: the quality of personal attention justifies it.
The above answers are indicative. Every employment situation has nuances that can only be assessed with the documentation at hand. The first consultation is free.
Legal notice: The information on this page is indicative and general. It does not constitute legal advice nor replace professional consultation. Each situation has nuances that require individual analysis with the corresponding documentation. For a personalised assessment, contact our firm.
Last updated: May 2026