- Phase
- Statute of Workers’ Rights; Royal Decree law 10/2010 of 16 June on urgent measures to reform the labour market
- Native name
- Estatuto de los Trabajadores (ET); Real Decreto-ley 10/2010, de 16 de junio, de medidas urgentes para la reforma del mercado de trabajo
- Type
- Notice period to employees
- Added to database
- 08 May 2015
Article
Art. 53.1 modified by Art. 2.4 of Royal Decree law 10/2010
Description
Employers are required to notify their workforce of planned redundancies 15 days in advance of initiating the process, in case of dismissals on objective grounds. This applies for collective and individual redundancies. This notice period applies to all the employees irrespective of their tenure. The employee is entitled to paid leave of six hours per week during the notice period to look for alternative employment when there is an objective (justified by external circumstances) dismissal. If the employer fails to comply with the notice period requirement, they will be obliged to pay the employee an amount corresponding to the period of notice that was not given.
Dismissal must be communicated in written to both, workers affected and employees' representative bodies existing in the company.
Citation
Eurofound (2015), Spain: Notice period to employees, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/notice-period-to-employees/spain