Notice Period in Spain 2026: Statutory, Convenio & Severance

The statutory notice period in Spain is 15 calendar days for both employer and employee under the Estatuto de los Trabajadores (Workers’ Statute). But treating 15 days as your actual notice obligation is a fast way to end up in Spanish labour court. The real answer depends on three variables: the reason for termination, the applicable convenio colectivo (collective bargaining agreement), and the employee’s category.

With 86.7% of Spanish workers covered by a collective agreement, sector and company-specific convenios often extend notice to 30 days, 1 month, or even 3 months. Senior executives under Royal Decree 1382/1985 require 3 to 6 months of notice. And since the Supreme Court’s 18 November 2024 ruling, disciplinary dismissals now require a prior hearing before termination. Law 2/2025 (effective 1 May 2025) changed the rules for termination due to permanent incapacity following a European Court of Justice ruling.

This guide covers the full 2026 notice period framework in Spain: statutory minimums by dismissal type, employee-initiated resignation notice, payment in lieu, what happens when notice rules are breached, how notice interacts with severance, and what international employers using an Employer of Record in Spain need to know.

Spain’s notice period rules sit at the intersection of three legal sources, ranked by which takes precedence:

The key takeaway: the statutory 15-day minimum is the floor, not the ceiling. Any applicable convenio colectivo or individual contract can extend notice. They cannot reduce it below the statutory minimum. Employers hiring in Spain must always identify the applicable convenio before drafting termination strategy.

Spain has thousands of sectoral and company-level convenios, from the national convenio for metalworking to highly specific company agreements. Each defines its own notice period rules. Employers without a local HR or legal team often miss this, defaulting to 15 days, then discover they owe an additional 15 or 45 days of salary at termination.

Notice requirements vary significantly by termination type. The Workers’ Statute and case law establish different rules depending on whether the employer or employee initiates termination, and the grounds cited. Below is the full framework for 2026.

Objective dismissal is the most common termination type used by employers who need to separate from an employee for business, economic, technical, organizational, or production reasons, or documented performance issues. It requires 15 days’ notice under Article 53.1(c) of the Workers’ Statute. The employer may either honour the notice period or pay salary in lieu.

Disciplinary dismissal (despido disciplinario) requires no notice, but since the Supreme Court ruling of 18 November 2024 (applying Article 7 of ILO Convention 158), employers must now grant a prior hearing to non-representative employees before dismissing them for disciplinary grounds. This is a procedural safeguard that allows the employee to defend themselves against the charges. Failure to grant this hearing may result in the dismissal being declared unfair.

Collective redundancy (ERE, Expediente de Regulación de Empleo) applies when dismissals reach specific thresholds within 90 days (10 employees in companies of 100-299, or 10% in companies of 100+). Employers must notify the Ministry of Labour and open a consultation period with employee representatives lasting up to 30 days (15 days for companies with fewer than 50 employees).

Notice obligations differ significantly by employee category. A graduate technician, a senior manager under special contract rules, and a probationary employee face entirely different frameworks.

For employee-initiated resignation, Spanish law presumes 15 days minimum notice unless the applicable convenio specifies otherwise. Most collective agreements extend this to 1 month for office workers, or 2 months for technical roles. In practice, senior professionals and employees with long tenures commonly provide 1-3 months of notice.

Senior executives fall under a special legal regime governed by Royal Decree 1382/1985. Unless the contract specifies otherwise, senior managers must give their employer at least 3 months’ notice when resigning, extendable to 6 months where the contract is indefinite or has a duration of more than 5 years. This reflects the disruption that senior departures cause to company operations and strategic continuity.

During the probation period (período de prueba), either party may terminate the contract without prior notice, unless the employment contract or applicable convenio specifies otherwise. Standard probation durations are 6 months for graduate technicians, 2 months for other employees, and 3 months in companies with fewer than 25 employees.

Spanish employers may substitute the notice period with a cash payment, known as pago en sustitución del preaviso (salary in lieu of notice). This is common in practice, particularly when the employer wants the employee to leave immediately to avoid workplace disruption, data security concerns, or client-relationship complications.

How payment in lieu works:

• Employer terminates effective immediately and pays the equivalent of the required notice period in salary (e.g., 15 days’ salary for an objective dismissal)
• Payment must cover the full applicable notice period, including any convenio extension
• All components of regular salary apply: base salary, prorated pagas extra, variable compensation, benefits in kind
• Payment must be included with severance and finiquito on the termination date

If the employer fails to give proper notice or pay salary in lieu, the dismissal can be challenged in court and potentially reclassified as unfair, which triggers severance of 33 days’ salary per year of service (up from 20 days for objective dismissals). The cost difference is significant: for an employee with 5 years of service earning EUR 40,000/year, this is approximately EUR 10,956 (objective) versus EUR 18,082 (unfair). That is a 65% premium for procedural failure.

The finiquito settlement is separate from notice and severance. It covers outstanding base salary, unused vacation days, prorated pagas extra (13th and 14th month payments paid monthly in some companies, lump sum in June and December in others), and any other accrued amounts. The finiquito is payable regardless of the reason for termination, including disciplinary dismissal where no severance applies.

Employees have 20 working days from receipt of the termination letter to file a legal challenge in the labour courts (juzgado de lo social). Given how procedurally demanding Spanish dismissal law is, employee challenges are common. In 2024, 148,783 Spanish workers challenged dismissals in court, with average successful judgment awards of EUR 10,680.

The court has three possible rulings:

Common procedural errors that trigger unfair dismissal rulings include: failing to give written notice with specific grounds, missing the 15-day notice period (objective dismissal), failing to deliver severance simultaneously with the termination letter, missing prior hearing for disciplinary dismissal (post-November 2024 requirement), and not identifying a specific objective reason that can be documented and proven.

For employees who joined the company before 12 February 2012, severance for unfair dismissal follows a two-scale calculation: 45 days’ salary per year for service accrued before that date (capped at 42 months), and 33 days’ salary per year for service accrued after (capped at 24 months). For long-tenure employees, this can result in severance exposure of 18-36 months’ salary if a dismissal is reclassified as unfair.

Spain’s notice and severance framework is one of the more protective regimes in Europe, though recent reforms have partially reduced the burden. Here is how Spain compares to major European hiring markets:

Spain’s 15-day statutory minimum looks short by continental European standards, but the collective agreement extensions and the 33-day unfair dismissal severance make total termination cost comparable to France and Italy. Compared to Portugal, Spain is more expensive for unfair dismissals (33 days vs 20 days per year) but similar in notice structure.

For international employers choosing between Southern European hiring destinations, Spain offers a deep talent pool, competitive salaries, and strong EU legal protections, but higher dismissal cost than Portugal or Greece. The complexity of Spanish termination law is the strongest argument for using an Employer of Record in Spain rather than setting up a local entity.

Always identify the applicable convenio colectivo before quoting notice

The 15-day statutory minimum is almost never the correct answer in isolation. With 86.7% of Spanish workers covered by a sector or company convenio, you should always obtain the applicable convenio before drafting any termination letter or resignation acceptance. Your EOR should have this on file for every employee. If they cannot produce it, demand it.

Document objective dismissal grounds from day one

Spanish courts are strict about objective-dismissal evidence. Performance-based dismissals require documented warnings, measurable metrics, and a paper trail showing the employee was given a reasonable opportunity to improve. Economic dismissals require financial data. If you cannot prove the objective reason, the court will reclassify the dismissal as unfair at 33 days per year rather than upholding it at 20 days per year.

Honour the November 2024 prior hearing requirement for disciplinary dismissals

The Supreme Court’s 18 November 2024 ruling mandates a prior hearing for non-representative employees facing disciplinary dismissal. Skipping this step almost guarantees unfair dismissal reclassification. Your EOR or Spanish counsel should have a template procedure for this. If you are managing directly, ensure you send a written charge letter, give the employee 5 working days to respond, and document the response before issuing the dismissal letter.

Budget for payment in lieu rather than working notice

For most international employers, it is cleaner and safer to pay the full notice period as salary in lieu rather than have the employee work through it. This eliminates workplace disruption, data security concerns, and client-relationship risks. Factor 15 days (or the extended convenio period) plus full severance and finiquito into your termination budget.

Plan for the 20-working-day challenge window

Once you deliver the termination letter, the employee has 20 working days to challenge in court. Monitor your EOR’s response during this period and ensure all documentation is retained in case of legal proceedings. Many challenges settle out of court through conciliation, but preparation for formal proceedings should start from day one.

For minimum wage and compensation context

Notice and severance calculations depend on the employee’s daily gross salary, which includes base pay plus all variable components (bonuses, incentives, pagas extra, benefits in kind, excluding expense reimbursements). For current statutory pay floors and compensation structure, see our Minimum Wage in Spain 2026 Guide.