If you want to resign from your job or face a dismissal in Spain, you must follow specific notice rules. This guide explains how notice periods work for both employees and employers under Spanish labor law.
What is a notice period?
An employment contract termination in Spain usually requires advance notice. This advance notice is called the período de preaviso (notice period).
The duration of the notice period depends on who ends the contract. It also depends on the reason for the termination.
During the notice period, you must continue working. The employer must continue paying your regular salary.
Resigning from your job
If you decide to quit, you must formally resign in writing. This process is called a baja voluntaria (voluntary resignation).
How much notice must you give?
The Spanish Workers’ Statute does not set a single fixed notice period for resignations. Instead, the required notice is determined by the convenio colectivo (collective bargaining agreement) of your industry.
If the collective agreement does not specify a timeline, local custom applies. The standard notice period under local custom is 15 calendar days.
However, some highly qualified roles might require 30 or 60 days of notice. You must read your employment contract and collective agreement to find your exact requirement.
What happens if you do not give enough notice?
Your employer can deduct salary if you do not give enough notice. They will subtract one day of pay for each missing day of notice.
This deduction is taken directly from your final settlement payment. This final payment is called the finiquito (settlement payment).
Example: You must give 15 days of notice, but you quit with only 5 days of notice. Your employer will deduct 10 days of salary from your final settlement.
Dismissals and layoffs by the employer
If your employer terminates your contract, the required notice depends on the legal reason for the dismissal.
Notice for objective dismissal
An employer can lay off workers for economic or organizational reasons. This is called a despido objetivo (objective dismissal).
For an objective dismissal, the employer must give you 15 calendar days of notice. They must provide this notice in a formal letter of dismissal.
If the employer cannot or does not want to give you notice, they must pay you. They will add 15 days of salary to your final settlement.
During the 15-day notice period, you have the right to look for a new job. You can take 6 hours of paid leave each week to attend interviews.
Notice for disciplinary dismissal
An employer can dismiss you immediately for serious misconduct. This is called a despido disciplinario (disciplinary dismissal).
No notice is required. The employer does not need to give you any advance notice for a disciplinary dismissal.
Your contract ends immediately when you receive the dismissal letter. You do not receive compensation for a lack of notice.
The probation period (período de prueba) in Spain
Rules for counting notice days
Notice periods in Spain are counted in días naturales (calendar days). This means weekends and public holidays are included in the count.
The count starts the day after you deliver the resignation letter or receive the dismissal letter.
During the contract’s período de prueba (probation period), no notice is required. Either party can end the contract immediately.
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Questions and answers
Can I take my vacation days during the notice period?
Maybe. You can take vacation days if your employer agrees to the schedule. If you do not use them, the employer must pay you for these days in your final settlement.
What is the standard resignation notice period in Spain?
15 calendar days. This is the default notice period for most jobs. However, your collective agreement or contract might require a longer period.
Can my employer make me leave immediately when I resign?
Yes. Your employer can accept your resignation and ask you to leave immediately. However, they must pay you for the remaining days of your notice period.
Do I get unemployment benefits if I resign with notice?
No. You do not get unemployment benefits if you leave the job voluntarily. You only get benefits if the employer dismisses you or your contract ends.
Can I withdraw my resignation during the notice period?
Yes. You can withdraw your resignation before the notice period ends. The employment relationship will continue normally. However, the company must accept the withdrawal.
