🇪🇸 Resignation notice in Spain

Henning Wandsleb
Henning Wandsleb
  • Updated

Oyster policy is denoted in purple.

Statutory

During the probation period, the employer or the worker can freely terminate the contract without having to allege or prove any cause, without prior notice and with no right to any indemnity in favor of the worker or the employer.

Once the probation period has ended and according to the CBA applicable to Oyster, the employee must give 15 working days' notice. The resignation must be in writing (an email would be valid). If the 15-day notice is not given, the employee will lose the proportional part of the July or Christmas bonus, which has been accrued.

The employee may go back on his decision as long as the effective date of the voluntary resignation has not been reached. The notice period in the event of a resignation can be shortened by the employment agreement.

The Labor Code does not specify if the resignation notice must be in writing. However, secondary sources indicate that if an employee doesn’t comply with the notice period, the company can reduce the final settlement pay by the number of days that notice wasn’t served. Notice periods can be changed by employment agreement.

Senior managers can resign and terminate their special employment contract by giving:

  • a minimum of three months’ written notice; or
  • six months’ written notice, if required by a written indefinite-term contract or a fixed-term contract of more than five years.

If an employer significantly changes working conditions in a way that harms the employee, the employee has the right to terminate their contract. The employee must receive a severance payment of 20 days of salary per year of service, with a maximum of nine months.
Additionally, the law states that an employee can terminate their employment contract at will due to the employer’s breach of the employment contract. Just cause for this termination includes the following grounds:

  • significant changes in working conditions, if the employer doesn’t comply with legal requirements and the changes result in a detriment to the worker’s dignity;
  • failure to pay or continuous delay in the salary payment; and
  • any other serious breach of the employer’s obligations (except in cases of force majeure), or the employer’s refusal to reinstate the worker to previous working conditions after a court ruling has already declared the changes unjustified.

In these instances where the employer seriously breaches the contract, the employee is entitled to compensation for unfair dismissal. This compensation is 33 days’ salary for each year of service. Periods of less than a year will be prorated. The employee may receive up to a total of 24 monthly payments.

Customary

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Best in Class

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