Spain: Termination of employment

Updating author: Jesús Gimeno, Simmons & Simmons
Original author: Jones Day

See the legal services provided by the updating author of International > Spain, including any discounts/offers for subscribers.

Summary

• Employment contracts may be terminated in various ways. (See General)
• There is generally no statutory notice period where an employer dismisses an employee. (See Notice periods)
• An employer may terminate an employee's contract on the ground of their "gross and wilful" breach of the contract. (See Disciplinary dismissal)
• An employer can unilaterally terminate an employment contract on "objective" grounds, without any breach of contract or misconduct by the employee. (See Dismissal on objective grounds)
• There are various rules regarding collective redundancies. (See Collective redundancies)
• An employee who wishes to challenge a dismissal must first file a claim with the relevant public labour conciliation authorities. (See Contesting dismissals in court)
• There are various anti-discrimination rules that concern the termination of employment (See General)