They hand you the dismissal letter and, with the shock still fresh, it’s easy to assume there’s nothing to be done. Usually it’s the opposite: there’s plenty to claim, the company isn’t always right, and a clock starts ticking that very day.
Let’s start with the deadline, because it’s what most people lose.
The clock: 20 working days
To challenge a dismissal in Spain you have 20 working days (Saturdays, Sundays and public holidays don’t count) from the day you’re notified. Once that window closes, the claim lapses and you’re left with nothing, no matter how unfair the dismissal was. It’s by far the most expensive mistake people make: letting the days slip by.
Don’t sign the letter as “agreed”
You’ll be asked to sign for receipt. Signing that you received the letter doesn’t bind you, but be careful what you sign: writing “agreed”, or initialling a settlement that declares you fully paid and settled, is another matter. If you’re not sure, write “not in agreement” next to your signature, or sign only for receipt. And don’t accept any figure without knowing whether more is owed to you.
What you can claim
It depends on the type of dismissal:
- Unfair: when there’s no real cause or the form is defective. The company must choose between reinstating you or paying compensation (as a general rule, around 33 days’ salary per year worked, with caps worth calculating in each case). In practice, many dismissals end up being acknowledged as unfair.
- Null: in specially protected cases (for example, a breach of fundamental rights or certain situations), reinstatement is compulsory and back pay is owed.
- Fair: if the cause is proven and the form is correct. Even so, it’s worth reviewing, because defects are more common than they seem.
Why it pays to have a lawyer review it
A good number of dismissals limp along: causes that don’t hold up, badly drafted letters, lowballed severance calculations, deadlines and formalities the company hasn’t met. Spotting that is the difference between leaving with what’s imposed on you and leaving with what you’re owed. You can see our employment law area.
With the letter in hand and the clock running, the sensible move is to have someone look at it as soon as possible.
Frequently asked questions
How much am I owed for an unfair dismissal?
As a general rule, compensation for unfair dismissal is around 33 days’ salary per year worked, with caps and special rules for the oldest length of service. The exact figure depends on your salary and your time at the company, so it’s worth calculating carefully before accepting anything.
Do I have to sign the dismissal letter?
You can sign simply for receipt, which does not mean you agree. What you should not do is sign as “agreed” or accept a settlement without reviewing it, because that can close the door to claiming. If in doubt, note “not in agreement” next to your signature.
How long do I have to claim?
Twenty working days from the dismissal. It’s a very short lapse period and, once passed, the right to challenge it is lost. That’s why it’s worth getting advice immediately.
Are the settlement and the compensation the same thing?
No. The settlement is the payment of what you’re already owed (pending salary, untaken holiday, bonuses) and is due in any dismissal. Dismissal compensation is something different and depends on the dismissal being unfair or null.