📊 Notice days and financial breakdown
The notice period (preaviso de despido) is the legally mandated timeframe that must pass between the written notice of dismissal or resignation and the actual final day of work. It is designed to give both parties time to adjust.
📊 Notice period requirements by termination type
Spanish labor law defines different notice periods depending on the reason for termination:
| Termination Type | Notice Period Required | Who must give notice? |
|---|---|---|
| Objective Dismissal (structural reasons) | 15 calendar days | The employer |
| Disciplinary Dismissal (severe misconduct) | 0 days (immediate) | The employer |
| Voluntary Resignation (quitting) | 15 days (or set by agreement) | The employee |
| End of Temporary Contract (> 1 year duration) | 15 calendar days | Party choosing not to renew |
🛡️ What is the notice period?
The notice period is a formal declaration of intent to end a contract. During this period, the employment contract remains fully active. The worker is expected to perform their tasks and receives their regular salary.
💰 Compensation for omitted notice days
If an employer decides to execute an objective dismissal and does not grant the 15 notice days, they must pay the worker compensation in lieu of notice in their final paycheck.
- The calculation is simple:
compensation = gross daily wage × notice days omitted. - For example, if a worker has a daily salary of €80.00 and is only given 5 days of notice (omitting 10 days), the employer must pay €800.00 in lieu of notice.
⏱️ Notice for voluntary resignations
If you decide to quit your job in Spain, you must notify your employer in advance. The notice period is typically specified in your collective bargaining agreement (default is 15 days).
- If you leave without giving sufficient notice, the employer has the legal right to deduct one day’s salary from your final settlement (finiquito) for each day of notice missed.
- If you give 0 days of notice, your final paycheck will be reduced by 15 days of salary, which can sometimes result in a negative final balance.
🚶 Paid job search leave during notice
For objective dismissals, employees are entitled to 6 hours of paid leave per week during the 15-day notice period to search for a new job. This right does not apply to voluntary resignations or disciplinary dismissals.
❓ Frequently Asked Questions (FAQ)
Yes. Employers often prefer to terminate the contract immediately and pay the notice period days in cash. This is a common practice to avoid having an employee work after being notified of their dismissal.
Being on medical leave (incapacidad temporal) does not freeze the notice period unless specifically stated otherwise in your sector's collective bargaining agreement. The employment contract will still end on the date specified in the notice letter.
No. Resigning voluntarily (whether you give notice or not) means you are not in a state of involuntary unemployment. Therefore, you will not be eligible to receive unemployment benefits (paro) immediately.
No. During a written probation period (periodo de prueba), either party can terminate the employment relationship immediately without giving a reason, notice, or paying compensation.
Yes. The statutory notice is counted in calendar days (días naturales), which includes weekends and public holidays, starting from the day after you receive your termination letter.