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Employment Termination in Spain

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Termination process

Spanish employers in general can provide any fair reasons for termination of an employee. Any dismissal from the end of the employer for an employee that has been employed longer than six months has to be "socially justified" by the following:

  • Dismissal of the employee without notice for disciplinary reasons, for example in case of theft or any other serious misconduct;
  • Ordinary dismissal with notice based on the organisation of work, and the proper functioning of the business.

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Notice period

The notice period for an employer depends on the reason for dismissal and the collective bargaining agreement the employment contract is subject to.

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Probation periods

The establishment of a probationary period is not mandatory under Spanish labor legislation. The applicable CBA includes the maximum probationary periods to be agreed with the employees. It is feasible that for the same professional category, you agree different probationary periods with employees if there is justified reason (as a matter of example: experience, training, languages, etc.) and provided that you respect the probationary periods limits established in the CBA.