Unfair Dismissal in Spain: Compensation, Deadlines & SMAC Mediation

If you've been dismissed from your job in Spain or you're managing an employee termination, understanding the legal framework around dismissal types, compensation calculations, and procedural requirements is critical. A procedural error can have serious consequences for both employers and employees.

Types of Dismissal in Spain

Unfair Dismissal Compensation

Compensation for unfair dismissal is 33 days of salary per year worked, capped at 24 monthly payments. For employment periods before February 12, 2012, the pre-reform rate of 45 days/year applies (capped at 42 months).

Calculation Example

An employee earning EUR 80/day with 5 years of service:

• 33 days x 5 years = 165 days
• 165 x EUR 80 = EUR 13,200

Filing Deadline: 20 Business Days

From the effective date of dismissal, the employee has exactly 20 business days (días hábiles) — not calendar days — to file a conciliation claim. This is a strict expiry deadline (caducidad), not a statute of limitations (prescripción), meaning it cannot be interrupted except in very specific circumstances.

Mandatory Pre-Litigation Mediation: SMAC/CMAC

Before filing a claim with the Social Court (Juzgado de lo Social), Spanish law requires attempting pre-litigation mediation through the SMAC (Servicio de Mediación, Arbitraje y Conciliación) or the equivalent CMAC in the relevant autonomous community.

Possible Mediation Outcomes

1. Agreement reached (con avenencia): parties agree on a settlement
2. No agreement (sin avenencia): case proceeds to court
3. Attempted without effect: employer doesn't appear, employee can proceed to court

Null Dismissal: When It Applies

A dismissal is declared null (nulo) when it violates fundamental rights or occurs during protected situations:

• During pregnancy or maternity/paternity leave
• Workers on reduced hours for childcare
• Victims of gender-based violence
• Retaliation for exercising labor rights

The effect of a null dismissal is mandatory reinstatement with full back pay for the entire period.

Required Dismissal Documentation

The employer must provide a formal dismissal letter (carta de despido) containing:

• Facts justifying the dismissal
• Effective date
• Compensation amount made available (for objective dismissals)

Sharing Employment Documents Securely

Dismissal letters, payslips, and mediation documents contain highly sensitive personal and financial data. Sending them through unprotected channels like iMessage or email creates significant exposure risks.

With LOCK.PUB, you can share these documents through password-protected links with expiration dates, ensuring sensitive employment information doesn't remain accessible indefinitely.

Practical Tips

1. Sign "no conforme": if you disagree with the dismissal, sign the letter as "not in agreement"
2. Keep all documentation: payslips, contract, dismissal letter
3. Consult a labor lawyer: before the 20 business-day deadline expires
4. Verbal dismissals count: even an oral dismissal can be challenged
5. Request the company certificate: needed for unemployment benefits from SEPE

Unfair dismissal has significant financial implications. Protect your documentation with tools like LOCK.PUB to maintain confidentiality of your employment records.