Spain has a robust legal framework designed to protect workers' rights and ensure fair employment practices. These protections are enshrined in the Estatuto de los Trabajadores (Workers' Statute) and other related legislation, covering various aspects of employment, including termination, anti-discrimination, working conditions, health and safety, and dispute resolution. Understanding these rights and regulations is crucial for both employers and employees to foster a positive and compliant work environment.
Spanish labor law emphasizes job security and provides significant protections for employees against unfair or arbitrary treatment. The legal framework aims to balance the interests of employers and employees, promoting stable employment relationships while ensuring that workers are treated with dignity and respect. Below is an overview of key aspects of workers' rights and protections in Spain.
Termination Rights and Procedures
Spanish law distinguishes between different types of termination, each with its own requirements and consequences.
- Objective Dismissal (Despido Objetivo): This type of dismissal is based on objective reasons related to the employee's capacity or conduct, or due to economic, technical, organizational, or production-related reasons within the company.
- Disciplinary Dismissal (Despido Disciplinario): This occurs when an employee commits a serious breach of contract, such as repeated absences, insubordination, or violation of workplace rules.
- Collective Dismissal (ERE - Expediente de Regulación de Empleo): This involves the termination of multiple employees due to economic, technical, organizational, or production-related reasons. It requires a formal procedure and negotiation with employee representatives.
Notice Periods and Severance:
The notice period and severance pay depend on the type of dismissal and the employee's length of service.
| Type of Dismissal | Notice Period
