Written notice through a signed letter which should state clearly:

• The employee’s name and ID number.

• The position they hold.

• The date the letter was written.

• The effective date of the resignation.

• The employee's signature.

• During probation: No notice period needed

• After probation: 15 days or any other contractually agreed notice period

Severance is not applicable for resignation.

• Prorated Salary: Payment for all days worked up to the termination date.

• Prorated Leave Pay: Compensation for any accrued but unused annual leave.

• Prorated Bonuses/Commissions/Expenses: Payment of any outstanding contractual or discretionary amounts.

• Disciplinary Dismissal: This is for serious and culpable misconduct by the employee. Grounds include, but are not limited to:

  • Repeated and unjustified absences or lack of punctuality.

  • Insubordination or disobedience.

  • Verbal or physical offenses.

  • Breach of contractual good faith or abuse of trust.

  • Voluntary and continuous decrease in work performance.

  • Habitual drunkenness or drug addiction affecting work.

• Objective Dismissal: This is for reasons unrelated to the employee's misconduct, and is typically based on economic, technical, organizational, or production-related causes affecting the company's viability.

Written dismissal letter.

• Disciplinary Dismissal: No notice period is required. The termination is effective on the date the dismissal letter is delivered to the employee.

• Objective Dismissal: A 15-calendar-day notice period is mandatory. This notice must be given in writing specifying the reasons for termination.

• Disciplinary Dismissal: No severance is required if the dismissal is deemed fair. However, if the employee challenges the dismissal and it is ruled unfair, they are entitled to severance.

• Objective Dismissal: The employee is entitled to statutory severance of 20 days' salary for each year of service, capped at 12 months' salary. This severance must be paid at the time the notice is given.

• Unfair Dismissal: If any dismissal (disciplinary or objective) is challenged and found to be unfair, the employer must choose between paying severance of 33 days' salary for each year of service (capped at 24 months' salary) or reinstating the employee.

• Prorated Salary: Compensation for days worked until termination date.

• Accrued but Unused Leave Pay: Payment for unused annual leave.

• Pro-rated Bonuses/Commissions/Expenses: Any due and unpaid amounts, subject to contract terms.

Written dismissal letter.

15 calendar days.

Employees are entitled to severance calculated at 20 days' salary per year of service, with a maximum of 12 months' salary. This payment must be made on the date of dismissal.

• Prorated Salary: Compensation for days worked until termination date.

• Accrued but Unused Leave Pay: Payment for unused annual leave.

• Pro-rated Bonuses/Commissions/Expenses: Any due and unpaid amounts, subject to contract terms.

In Spain, MTAs are treated as voluntary resignations and are therefore not advisable, as the employee forfeits the right to unemployment benefits.

Written agreement.

15 days.

Severance is negotiable.

• Prorated Salary: Compensation for days worked until termination date.

• Accrued but Unused Leave Pay: Payment for unused annual leave.

• Pro-rated Bonuses/Commissions/Expenses: Any due and unpaid amounts, subject to contract terms.

• Unemployment Benefits: A mutually agreed-upon termination generally does not grant the employee the right to unemployment benefits. The employee's formal paperwork will state the reason for exit as "mutual agreement," which disqualifies them. Mutual Termination Agreements are not recommended for Spain as they may affect the employee's unemployment benefits.

• According to Article 49.1(c), if the contract has a duration of more than one year, there is an obligation to give 15 days’ notice by the employer (to the worker) before the end of the contract.
• If the fixed-term contract lasts one year or less, the employer has no legal obligation to give notice when it ends on its agreed date, unless a collective agreement or the contract requires otherwise.

• An employee is entitled to an indemnización when a fixed-term contract ends because the agreed period expires or the assigned service is completed. This applies to all fixed-term contracts except interinidad (substitution) contracts and training contracts (contratos formativos).
• The indemnización is calculated at 12 days of salary per year worked, prorated for shorter periods. Employers usually calculate the daily rate by dividing the monthly salary by thirty, unless a collective agreement or internal policy specifies a different method. The daily salary can include regular salary components but excludes exceptional bonuses or one-off extras.
• Employees do not receive indemnización if the contract ends because of a voluntary resignation (baja voluntaria) or a valid disciplinary dismissal (despido procedente). In those situations, the contract simply ends without severance because the entitlement only applies when a contract expires naturally, not when it ends for cause or by the employee’s choice.

At the end of the contract, the employer must settle all accrued entitlements. This includes:

• Salary up to the end date, for days worked but not yet paid.
• Pro rata of extra pay(s) (pagas extraordinarias), if they are not already prorrateadas (spread over the year in the monthly pay).
• Payment for any unused vacation days (días de vacaciones no disfrutadas).
• Other owed payments (overtime, bonuses, indemnities under contract or collective agreement, etc.), as applicable.

Written Notice

15 days’ notice

Possible, the employer can pay in lieu of notice.

The termination of a fixed-term contract entitles the employee to a statutory End-of-Service Benefit (indemnización) of 12 days' salary per year of service.

Prorated Salary: Compensation for days worked until termination date.

• Accrued but Unused Leave Pay: Payment for unused annual leave.
• Pro-rated Bonuses/Commissions/Expenses: Any due and unpaid amounts, subject to contract terms.

Final payments must be completed on or before the last working day to avoid penalties.

• 10% penalty interest applies to delayed wage payments.
• Labor court action is available to employees, potentially adding legal costs and enforcement orders.