Unfair Dismissal in Spain: How to Claim Compensation
Unfair dismissal is one of the biggest fears for any employee. In 2025, Spanish regulations continue to protect workers, but understanding your rights and how to act is crucial.
In this article, we explain what unfair dismissal is, how to claim your compensation, and how Legal Allies can help you get what you deserve—quickly and effectively.
What is Unfair Dismissal?
An unfair dismissal occurs when the employer fails to provide a valid reason for terminating the employment contract or does not follow the required legal procedures.
This could happen, for example:
- When there is no real or justified cause.
- When the employer skips the legal steps for disciplinary dismissal.
- When no formal dismissal letter is given or the employee is not allowed to defend themselves.
How to Claim Compensation for Unfair Dismissal
If you’ve been unfairly dismissed, these are the steps to follow:
- Submit a conciliation form to the SMAC (Mediation, Arbitration, and Conciliation Service).
- Attempt to reach an amicable agreement during the conciliation session.
- If no agreement is reached, you must file a lawsuit in the Labour Court within 20 working days.
⚠️ Be quick! The 20-day deadline is strict and cannot be extended.
What Compensation Are You Entitled To in 2025?
You are entitled to:
- 33 days of salary per year worked, up to a maximum of 24 monthly payments.
- If your contract started before February 2012, compensation is calculated in two parts: 45 days/year until that date, and 33 days/year afterwards.
- The company must also pay your final settlement (unpaid holidays, bonuses, etc.).
Can You Ask to Be Reinstated?
Instead of claiming compensation, you can ask to be reinstated—especially if you are a union representative or your collective agreement allows it.
However, the final decision lies with the employer: they can choose to reinstate you or pay compensation.
How Legal Allies Can Help You
At Legal Allies, we know that dealing with unfair dismissal is more than a legal process—it’s a moment filled with emotional stress, uncertainty, and urgency.
That’s why we:
- Evaluate your case to determine if the dismissal was truly unfair.
- Calculate the compensation and any additional claims you may be entitled to.
- Draft and submit the conciliation form on your behalf.
- Represent you in negotiations to secure the best possible settlement.
- If needed, defend you in court with our team of labour law experts.
- Guide you through complementary options, like unemployment benefits or claiming unpaid wages.
At Legal Allies, we fight not just for your money—but for your peace of mind.
Unfair dismissal in Spain is still a legal minefield, but one where your rights matter. With quick action and the right support, you can protect yourself and get what you deserve. Don’t let legal jargon or tight deadlines stop you—Legal Allies is here to help you every step of the way.
