Termination

Terminating employment, notice periods, termination payments and rights to references.

Spain :: Terminating an employee on long-term sick leave

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

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Spain :: Termination of employment

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

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Spain :: Dismissal for disciplinary reasons

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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Spain :: Redundancy

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

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Spain :: Unfair dismissal

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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Spain :: Protection from dismissal

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

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Spain :: Termination by an employee

An employee will have just cause to terminate the contract of employment in the following circumstances: there has been a substantial change to their working conditions without complying with legal provisions and as such, this has impaired the worker’s dignity; non-payment or delays in the payment of wages; and any other serious breach of its obligations by the employer …

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Spain :: Termination by mutual agreement

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

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Spain :: Termination of a top manager/executive

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

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Spain :: Notice periods

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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Spain :: Severance payments

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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Spain :: Right to references

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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Spain :: Dismissal

Once any trial period has expired, ordinary employees may be dismissed only with cause …

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