Signing the contract and collecting the sheet with your terms looks like the minor formality of the first day, somewhere behind the locker, the uniform and the computer password. That document will determine, months later, how much you receive if you are dismissed, whether the probation period during which you were let go was valid and what you can prove in court. Dismissal is the termination of the contract by the employer’s unilateral decision; the Spanish Workers’ Statute allows it on disciplinary grounds (article 54), objective grounds (article 52) or collective grounds (article 51), and the court later classifies it as fair, unfair or null and void, with compensation of 33 days’ salary per year of service if unfair and 20 if objective or collective. The worker has twenty working days from the effective date to challenge it. Since 5 October 2026, when Royal Decree 723/2026 of 9 September came into force, what the employer must hand you in writing when you start is regulated in a detail that did not exist before, and that paper is the first piece of evidence in a dispute that may come.
Papers worth keeping from today, with a new contract or with a dismissal letter
You can do this without a lawyer, and it improves any later claim.
Keep a signed copy of the contract and of the written information sheet you must now be given. If it is not provided, ask for it by email from whoever hired you and keep the message; a dated request is worth more than remembering you asked. Keep every payslip, not only the last one, because compensation is calculated on what you actually earn, including variable pay, extra payments and benefits in kind. Find the exact name of the collective agreement applied to you, which appears on the contract or the payslip, because it governs the length of probation, notice periods and sometimes a higher compensation than the statutory one. If you have access to the working time records the company must keep under article 34.9 of the Workers’ Statute, ask for a copy from time to time, and do not delete the messages in which shifts or schedule changes are communicated to you.
If you already have the dismissal letter in front of you, sign it adding «received, not agreed» and the date, and keep a copy. If the dismissal was verbal, ask that same day for written notice through a channel that leaves a trace. Do not sign any document that speaks of «voluntary resignation» or «mutual agreement» even if you are told it is a formality, and do not sign the final settlement without reading it. Note the effective date, which starts the twenty working day period, and request the company certificate, because unemployment benefit must be applied for within fifteen working days of termination.
What the employer must give you in writing from 5 October 2026
Royal Decree 723/2026 of 9 September (BOE-A-2026-19200) transposes Directive (EU) 2019/1152 on transparent and predictable working conditions and implements article 8.5 of the Workers’ Statute, which requires written information on the essential elements of the contract when they are not set out in the contract itself. It replaces the regime of Royal Decree 1659/1998, designed for a labour market with far fewer variable schedule contracts.
Article 4 of the Directive lists what you must receive in writing. The identity of the parties and the place of work, or a statement that you will work in different places. The job title or a brief description of duties. The start date and, for fixed-term contracts, the duration or end date. The conditions of the probation period, including its length. Any training entitlement provided by the employer. Paid leave. The procedure and notice periods for either party to end the contract. Remuneration, with all its components and the frequency of payment. Working time and work pattern and, if the schedule is variable, the reference hours and days within which you may be called in and the minimum notice. The applicable collective agreements and the social security institutions receiving contributions.
Article 5 sets the deadlines. The core information, identity, place, duties, start date, probation, pay and working time, must reach you within the first week of work, and the rest within one month; the Spanish regulation cannot exceed those maximums. If your contract predates 5 October 2026, the Directive provides that you may request the documents and the employer must supply them.
Failing to provide that information has a cost for the employer. The Law on Infringements and Penalties in the Social Order classifies in its article 7 as a serious infringement the failure to put the contract in writing when required, and article 15 of the Directive requires that missing information count against the employer when a dispute later arises, through presumptions in favour of the worker. An employer that never put in writing how long probation lasted or what the reference schedule was will struggle to argue in court that you knew.
How long the probation period can last and when the clause is worthless
Probation is governed by article 14 of the Workers’ Statute. It must be agreed in writing; if the contract does not include it, there is no probation, whatever was said verbally. During probation either party may withdraw without notice and without compensation, unless the collective agreement or the contract provide otherwise, which is why the device is so convenient for the employer and so delicate for the worker. Its length is set by the collective agreement and, failing that, by the statutory limits.
| Situation | Maximum probation period, unless the collective agreement provides otherwise (article 14 of the Workers’ Statute) |
|---|---|
| Qualified technical staff | 6 months |
| Other workers | 2 months |
| Other workers in companies with fewer than 25 employees | 3 months |
| Fixed-term contract of no more than 6 months | 1 month |
| General cap under Directive (EU) 2019/1152, article 8 | 6 months, except where justified by the nature of the job |
Article 8 of the Directive adds that in fixed-term contracts probation must be proportionate to the expected duration and that, where a contract is renewed for the same duties, no new probation is allowed. The Statute already pointed the same way and declares void any probation clause where the worker previously performed the same duties for the company under any form of contract. Someone who came through a temporary work agency or a replacement contract and returns to the same post on a permanent contract cannot be put on probation again.
There are two other frequent traps. Temporary incapacity, birth or adoption during probation only interrupt the count if that was agreed; otherwise the days keep running. And article 14.3 declares void the employer’s withdrawal in the case of a pregnant worker, from the start of the pregnancy until the beginning of leave for the birth, unless the employer proves reasons unrelated to pregnancy or maternity.
Being let go on probation does not leave the person with nothing. There is a right to the final settlement, with salary for the days worked, the proportional share of extra payments and untaken holidays, and the employer’s withdrawal counts as a legal situation of unemployment under article 267 of the General Social Security Law, with one exception, that if you voluntarily left your previous job less than three months earlier there will be no benefit. If the probation clause was void for any of the reasons above, what the employer calls withdrawal is a dismissal with neither cause nor form, and it is challenged as such.
If you have been let go on probation and there is doubt about the validity of the clause, at the firm we review the contract, the collective agreement and your history with that company before the deadline runs, as part of the work we practise in employment law.
Parallel employment, predictable schedules and moving to a more stable contract
Three rights under the Directive affect the life of the contract before dismissal is ever mentioned, and their breach is usually the prelude to the dispute.
Article 9 prevents the employer from prohibiting work for another employer outside working hours, except for objective incompatibilities such as safety, health or conflicts of interest. Article 21 of the Statute already allows parallel employment, bans only unfair competition and admits full dedication only where it is agreed and financially compensated. A generic exclusivity clause without compensation is worthless.
Article 10 requires minimum predictability when the schedule is variable. The employer must set out in writing the reference hours and days and give reasonable notice; outside that framework the worker may refuse without consequences. Article 34 of the Statute, which governs working time, already requires five days’ minimum notice for irregular distribution and a ten per cent limit unless the collective agreement provides otherwise.
Article 12 gives a worker with at least six months’ service, after probation, the right to request a form of employment with more predictable conditions, and obliges the employer to reply in writing with reasons within one month, three in small companies. It does not compel the change, but an unreasoned refusal followed by a dismissal reads differently in a courtroom.
Types of dismissal in Spain and what each one requires of the employer
Disciplinary dismissal under article 54 rests on a serious and culpable breach by the worker. Paragraph 2 lists the grounds, repeated unjustified absences or lateness, indiscipline or disobedience, verbal or physical abuse, breach of contractual good faith and abuse of trust, continued and voluntary decline in performance, habitual drunkenness or drug addiction affecting work, and harassment. It is the only dismissal with no compensation if found fair. Its form is imposed by article 55.1, written notice stating the facts and the effective date, and since the judgment of the Plenary of the Labour Chamber of the Supreme Court of 18 November 2024 the employer must also hear the worker before dismissing, by application of article 7 of ILO Convention 158, unless that cannot reasonably be required. Dismissal for a fault the collective agreement does not classify as very serious, or for facts the employer knew of more than sixty days earlier (article 60.2), ends up unfair.
Objective dismissal under articles 52 and 53 rests on grounds unrelated to the worker’s fault, incapacity, failure to adapt to technical changes, or economic, technical, organisational or production reasons. Article 53.1 requires a letter stating the cause, fifteen days’ notice or its value in salary, and simultaneous payment of compensation of twenty days per year capped at twelve months’ pay. If the employer does not hand over the money at the same time, or makes a material error in the amount, the dismissal is unfair even if the cause was real, unless the letter shows that its financial situation prevented payment.
Collective dismissal under article 51 is one that, for economic, technical, organisational or production reasons, affects within ninety days at least ten workers in companies with fewer than one hundred, ten per cent in those with one hundred to three hundred, or thirty in larger ones, in addition to full closure affecting more than five. It requires a consultation period with workers’ representatives, of thirty days or fifteen in companies with fewer than fifty, with documentation justifying the cause. The affected worker receives at least the same twenty days per year and may challenge the dismissal individually within the general deadline. When dismissal comes because the business closes, payment depends on the company having the means to pay.
Unfair, fair or void dismissal, and interim salaries
The court does not decide whether the dismissal was just in the abstract; it classifies it under articles 55.4 to 55.7 of the Statute, and the consequences flow from that classification.
A fair dismissal is one in which the employer proves the breach or the objective cause and complied with the formalities. There is no compensation in the disciplinary case, and in the objective case the worker keeps the twenty days already received. The burden of proving the facts in the letter lies with the employer (article 105.1 of Law 36/2011 governing the labour courts), which cannot argue in court grounds other than those it wrote down.
An unfair dismissal is one in which the cause is not proven or the form is defective. Article 56 gives the employer the choice, within five days of judgment, between reinstating the worker or paying 33 days’ salary per year of service, prorated by month for periods under a year and capped at twenty-four months’ pay. If the contract predates 12 February 2012, the eleventh transitional provision requires 45 days per year up to that date and 33 thereafter, capped at 42 months’ pay. If the dismissed person is a workers’ representative, the choice is theirs.
A void dismissal is one that is discriminatory or breaches fundamental rights, and also, under article 55.5, the dismissal of a pregnant worker from the start of pregnancy, of anyone taking or having requested leave for birth, breastfeeding, childcare or reduced hours for legal guardianship, of victims of gender violence exercising their employment rights, and any dismissal within twelve months of returning after birth or adoption. Unless the employer proves fairness on grounds unrelated to those situations, the consequence is immediate reinstatement with payment of salaries not received (article 55.6). The Constitutional Court held in judgment 92/2008 that nullity for pregnancy does not require the employer to have known of the worker’s condition. Dismissing someone who has claimed their rights is equally void under the guarantee of non-retaliation derived from article 24 of the Constitution, and dismissal motivated by sick leave may be void as discrimination on grounds of illness, which Law 15/2022 includes among prohibited grounds; where that motive is not proven, the usual classification is unfairness.
Interim salaries are those accrued from the dismissal until notification of the judgment or until the worker found another job. Since 2012 they are payable only if the dismissal is void, if the employer opts for reinstatement in an unfair dismissal, or if a dismissed representative chooses reinstatement. Whoever takes the 33 days’ compensation does not receive interim salaries. Seeking nullity opens that door and seeking only unfairness closes it, and that decision is taken at the outset and with advice.
Dismissal compensation and how the reference salary is calculated
The reference salary is what was earned on the day of dismissal, gross and on an annual basis, divided by 365 to obtain the daily rate. It includes base salary, fixed supplements, extra payments even if not prorated, variable pay and commissions, for which the average of the previous twelve months is taken, and benefits in kind valued at their real amount, such as a company car, health insurance or rent paid by the employer. It excludes allowances that reimburse actual expenses and occasional overtime. Amounts paid off the books are also salary and can be proven with transfers or witnesses, although that takes more work.
A worker with four years’ service and 30,000 euros gross per year all in has a daily rate of 82.19 euros. If the dismissal is unfair, compensation is 33 days times four years, 132 days, which comes to 10,849.32 euros. If it is objective and fair, it is 80 days, 6,575.34 euros. Each incomplete month counts as a full month, and the twenty-four month cap only bites with long service.
Compensation is not the final settlement. The settlement pays what was already owed, the current month’s salary, the proportional share of extra payments and holidays accrued but not taken, and it is paid with any dismissal, including a fair one and one during probation. Signing it is signing a receipt; it only releases the employer if the text contains a clear waiver of claims and you accept it, which is why the words «not agreed» next to your signature preserve your right to dispute both the figures and the dismissal.
Statutory compensation is exempt from income tax under article 7.e) of Law 35/2006 up to 180,000 euros, but in an unfair dismissal the exemption requires that unfairness be acknowledged in administrative conciliation or in a judgment, not in a private agreement with the employer. How the deal is reached determines the tax bill.
Dismissal and unemployment benefit
Every dismissal, disciplinary, objective or collective, and also termination during probation at the employer’s initiative, is a legal situation of unemployment under article 267 of the General Social Security Law. Contributory benefit requires 360 days of contributions in the previous six years, and the application is filed within fifteen working days of termination; every day of delay is a day of benefit lost.
An employer that records the termination as a voluntary resignation takes away your benefit, hence the importance of signing nothing that says so. If conciliation produces an agreement in which the employer acknowledges unfairness, the benefit is preserved, because the legal situation of unemployment arises from the dismissal, not from the agreement. Claiming does not interfere with payment either; if reinstatement with interim salaries follows later, the Public Employment Service regularises what was paid for the overlapping period.
Twenty working days and what Organic Law 1/2025 changes
The deadline to challenge a dismissal is twenty working days from the effective date and it is a limitation period that cannot be revived (article 59.3 of the Statute and article 103 of Law 36/2011), so a complaint to the employer or informal negotiation does not interrupt it; it is suspended only by filing the conciliation request with the administrative service, in Galicia the Xunta’s SMAC, and it resumes when conciliation is attempted without agreement or the legal time passes without a hearing. Saturdays, Sundays and public holidays do not count, and August does. Once the deadline passes, the dismissal becomes final with whatever classification the employer gave it.
Organic Law 1/2025 of 2 January, on measures for the efficiency of the Public Justice Service, is the statute several websites cite without explaining. For the dismissed worker its effects are modest. The former Labour Courts have been integrated as Labour Sections of the new courts of first instance, which changes the name of the body and the allocation of cases, not its powers or the dismissal procedure. The law, designed above all for civil litigation and its alternative dispute resolution mechanisms, leaves prior administrative conciliation in labour matters as it was, with the same function of suspending the deadline, and touches neither the twenty-day period nor the compensation set by the Statute.
After conciliation without agreement come the claim, the hearing and the judgment, and enforcement if the employer does not pay. If the employer fails to pay what it acknowledged, the debt is enforced through the court and, if the company is insolvent, the Wage Guarantee Fund answers within the limits of article 33 of the Statute. What to seek, nullity or unfairness, which salary to plead and how to prove what is not on the payslip are decisions taken with the letter and the payslips on the table, and that is the lawyer’s work.
Frequently asked questions
Can I be dismissed while on sick leave or pregnant, and how would that dismissal be classified?
Yes you can, but dismissal of a pregnant worker is void under article 55.5 of the Workers’ Statute unless the employer proves a cause unrelated to the pregnancy, and dismissal motivated by sick leave may be void as discrimination on grounds of illness, prohibited by Law 15/2022. If that motive is not proven and the employer proves no cause, it is unfair, with 33 days per year.
What happens if I am dismissed verbally or without being handed a dismissal letter?
Verbal dismissal is unfair for defective form, because article 55.1 of the Statute requires written notice stating the facts and the effective date. The difficulty is proving there was a dismissal rather than abandonment, so ask for the letter in writing that day, sign no voluntary resignation and keep messages and witnesses. The employer may cure the defect with a new dismissal within twenty days.
The step to take now, if you have a dismissal letter or have been let go on probation, is to fix the effective date and send us the letter, the contract with its information sheet and the latest payslips, because the twenty working days are already running and the choice between nullity and unfairness, and the salary to be pleaded, are decided before anything is filed. At the firm we practise in employment law and we conduct the challenge from that first analysis. You can write to us through the contact page or call +34 677 841 007.