Employment contracts, dismissal, discrimination claims, executive compensation and workforce restructuring.
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Rights vary by country, but typically include notice periods, severance pay and the right to challenge unfair dismissal. An employment lawyer can assess your specific situation.
Yes — employment contracts must generally comply with local law regardless of the employer's home country. A local lawyer should review any contract before you sign.
Browse our verified directory of law firms across Spain's major cities. All listed firms offer English-language legal services to expats and foreign nationals.
Find My Lawyer in 60 SecondsSpanish employment law is governed by the Estatuto de los Trabajadores (ET, RDL 2/2015). The SMI (Salario Mínimo Interprofesional) was set at €1,134/month (€15,876/year) for 2024 — check RD for 2025 update. Unfair dismissal (despido improcedente) triggers compensation of 33 days/year of service (max 24 months) under ET art. 56.
| Dismissal Type | Compensation | Maximum | ET Reference |
|---|---|---|---|
| Despido improcedente (unfair — employer chooses not to reinstate) | 33 days/year of service | 24 monthly wages | Art. 56.1 |
| Despido procedente (fair dismissal) | 20 days/year | 12 monthly wages | Art. 53.1.b (objetivo) |
| Despido nulo (void — discrimination, pregnancy, union activity) | Mandatory reinstatement + all back pay | No cap — full damages | Art. 55.5 |
| Pre-2012 reform accrued years (before 12 Feb 2012) | 45 days/year (up to 42 months) for that period | Combined cap: 42 months (old) + 24 months (post-2012) | DT 5ª RD-ley 3/2012 |
Critical deadline: Contest dismissal at SMAC (conciliation) within 20 working days from receipt of the dismissal letter (ET art. 59.3). Missing this deadline extinguishes the claim. The SMAC conciliation freezes the 20-day clock — the juzgado claim can follow.
Facts: US national, CDI (indefinite contract), salary €8,500/month bruto, 7 years in company (all post-Feb 2012), employer cites "causas económicas" (economic — despido objetivo).
| Item | Amount |
| Indemnización despido procedente (20 days × 7 years = 140 days) | €39,667 |
| Preaviso (15 days — employer waived and paid in lieu) | €4,250 |
| Vacaciones no disfrutadas (pro-rata 2025) | ~€1,800 |
| If contested and ruled improcedente: +13 days × 7 = 91 extra days | +€25,783 |
| Total package (procedente) | ≈ €45,717 |
Abogado laboralista cost for challenging at SMAC + Juzgado Social: €2,000–5,000. SEPE (desempleo) benefit: available from day 1 after official dismissal — register within 15 days at SEPE. Non-EU workers: dismissal does not automatically revoke work permit — permit validity depends on underlying visa type.
| Type | Trigger | Compensation | Authority |
|---|---|---|---|
| ERE (Expediente de Regulación de Empleo) | Permanent redundancy — economic/organisational causes | 20 days/year (same as despido objetivo) | Autoridad Laboral (SEPE/CCAA) |
| ERTE (temporary — reducción/suspensión) | Temporary economic cause; force majeure | No redundancy payment — SEPE pays unemployment benefit during ERTE | SEPE |
