Termination

The High Court of Justice of the Basque Country (TSJPV) ruled in 2022 that two companies must treat the jobs of subcontracted employees in an equivalent way to their own staff …

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In Spain an employer must receive regular medical sick notes from their employee for the duration of their sick leave …

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Article 54 of the Workers’ Statute (ET) sets out a number of reasons why an employer may dismiss someone for disciplinary reasons …

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Redundancy may arise for economic, technical or organisational reasons or reasons linked to production (ETO reasons) …

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An employee has 20 days from the date of termination to contest the dismissal, but in order to submit a claim to the courts, there must be an attempt by the parties to settle the matter before the Mediation, Arbitration and Conciliation Service …

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Protected status for those taking maternity, adoption or parental leave extends for nine months after they have returned to work …

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A compromise deal should be in writing and presented as a recibo de finiquito (receipt in full and final settlement) …

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Top managers (executives) are subject to special contractual terms set out in Royal Decree 1382/1985 …

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The Workers’ Statute (ET) does not set any statutory notice periods for employees in general, but refers to provisions in collective agreements or, in their absence, ‘custom and practice’ …

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Although severance payments in Spain have been reduced in certain circumstances, they generally remain high and act as a strong discouragement for employing someone on a permanent contract …

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Under Spanish Law, the right to references is not regulated, although an employer would normally issue a certificate or letter of reference upon an employee’s termination …

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Article 52 of the Workers’ Statute (ET) sets out the various ways in which an employment relationship may be terminated …

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