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Spain: Termination of employment

Original and updating authors: Jesus Gimeno and Javier Gutierrez, Jones Day

Summary

  • Open-ended employment contracts may be terminated in various ways. (See General)
  • There is generally no statutory notice period where an employer dismisses an employee. (See Notice periods)
  • An employer may terminate an employee's contact on the ground of his or her "gross and wilful" breach of the contract. (See Disciplinary dismissal)
  • An employer can unilaterally terminate an employment contract on "objective" grounds, without any breach of contract or misconduct by the employee. (See Dismissal on objective grounds)
  • There are various rules regarding dismissals on the ground of collective redundancy. (See Collective redundancies)
  • An employee who wishes to challenge a dismissal must first file a claim with the relevant public labour conciliation authorities. (See Contesting dismissals in court)