Skip to main content
Tuchati

Ending Employment

Dismissal and redundancy in Spain

The main types of dismissal in Spain and the severance pay each one entitles you to.

Last reviewed: 2026-06-15A challenge to a dismissal must generally be filed within 20 working days of the dismissal date — this deadline is strict.

This guide is not yet verified by Tuchati's editorial review — treat it as a helpful starting point, not a final legal answer.

Overview

Spanish law distinguishes between different categories of dismissal, each carrying different severance entitlements. Knowing which category applies to your situation helps you check whether you're being offered the right amount.

Requirements

  • Applies to employees on any contract type who are dismissed by their employer
  • The dismissal letter (carta de despido) must state the reason and category of dismissal

Step-by-step process

  • Read your dismissal letter carefully — it must state whether it's classed as 'procedente' (fair/justified), 'improcedente' (unfair) or 'nulo' (void)
  • For 'despido procedente' (objective, justified dismissal): you're entitled to 20 days' salary per year worked, capped at 12 months' salary
  • For 'despido improcedente' (unfair dismissal): entitlement rises to 33 days' salary per year worked, capped at 24 months' salary, or your employer can choose to reinstate you instead
  • If you believe your dismissal is unjustified, you generally have 20 working days to challenge it before an employment tribunal (via a prior conciliation attempt, SMAC)

Required documents

  • Dismissal letter (carta de despido)
  • Your employment contract and recent payslips, to calculate correct severance

Common mistakes

  • Not checking whether the severance offered matches the correct category (procedente vs improcedente) — employers sometimes offer the lower amount even where the dismissal doesn't qualify as fair
  • Missing the 20-working-day deadline to challenge a dismissal you believe is unjustified

Practical tips

  • Severance pay for dismissal is compatible with claiming unemployment benefit afterwards, unlike most voluntary resignations
  • If your dismissal letter's stated reason seems inconsistent with your actual situation, a rapid consultation (before the 20-day deadline) is important — this window is short

How Tuchati can help

If you've been dismissed and aren't sure whether your severance is correct, or whether you should challenge it, Tuchati can help you understand your options and timeline before the deadline passes.

Dismissal and redundancy in Spain — Help Centre — Tuchati