Losing a job or facing dismissal can be stressful, especially when navigating Spain’s labor laws as a foreign worker. Knowing your rights and the proper procedures can protect you from unfair treatment.
This guide explains the types of employment termination in Spain, your rights, and steps to take if you face dismissal.
⚖️ Types of Employment Termination
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🔴 Dismissal with Cause (Despido Procedente): Due to justified reasons like misconduct or poor performance.
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🟠 Dismissal without Cause (Despido Improcedente): If the employer cannot prove just cause. May lead to compensation or reinstatement.
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🟢 Dismissal Null and Void (Despido Nulo): If dismissal violates fundamental rights, such as discrimination or pregnancy. Employee must be reinstated.
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🟡 Termination by Mutual Agreement: Both parties agree to end the contract.
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🟣 End of Temporary Contract: Automatically ends on expiry date.
📝 Employee Rights on Termination
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Right to written dismissal letter explaining reasons
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Right to severance pay if dismissal is unfair
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Right to unemployment benefits, subject to contributions
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Right to challenge dismissal in labor courts within 20 working days
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Protection against discriminatory dismissal
🌍 Special Considerations for Foreigners
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Ensure your work visa/permit is not compromised by dismissal
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Seek advice on how termination affects residency status
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Language barriers in dismissal documents can cause misunderstandings
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Consult lawyers before signing any settlement agreements
🛡️ How Borderless Lawyers Can Help
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Review dismissal letters and severance offers
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Represent you in labor disputes or court claims
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Advise on impact to work permits and residency
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Negotiate fair settlements and rights enforcement
📞 Contact Borderless Lawyers Today
Facing termination in Spain? Protect your rights with expert legal advice. Borderless Lawyers specializes in employment law for foreigners. Contact us now.