Firing an enmployee in Spain

16 March, 2021

Many foreign companies find themselves in serious trouble with the Spanish Employment Courts after they have fired an employee. In Spain, to fire un employee has a legal right to appeal his dismissal in court. The courts with then qualify the dismissal as fair, unfair or void.

The dismissal will be qualified as fair when the employee or employer agrees that they have - by word or deed - broken the terms of the work contract. It will be unfair in the opposite case, or if the form in which the dismissal took place does not adhere to the guidelines mandated by law.

When the employee has been dismissed due to discrimination, the dismissal will be considered void.  Discrimination is prohibited by Law and violates the fundamental rights and public liberties of the employee.

The law also has special protections written in for parents.  A dismissal will be deemed null and void if the employee has been fired or suspended due to:

  • Maternity, an at-risk pregnancy, or complications with breastfeeding, adoption or family placement…

Pregnant employees are protected from the beginning of the pregnancy until the start of maternity leave.  Employees are also protected for a minimum of nine months after giving birth, after a family placement, or upon return from any of the aforementioned family situations.