Spain: I have been dismissed, what to do step by step
From the dismissal letter to unemployment benefit: what to check, ask for and keep, and the deadlines you cannot let pass.
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Time: from the letter to the 20 working days
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The letter
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In a disciplinary dismissal the letter must state the facts and the effective date (Workers’ Statute, art. 55.1).
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The law requires the cause in writing, 20 days’ salary per year of service and 15 days’ notice (art. 53.1).
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It is a right in an objective dismissal during the notice period (art. 53.2).
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Signing the receipt does not take away your right to claim, but note that you disagree.
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In those cases the dismissal can be void (arts. 53.4 and 55.5): the 20 working-day period also applies.
Settlement and money
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The employer must attach it when communicating the dismissal or the notice (art. 49.2).
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Untaken leave is paid when the contract ends; the agreement sets how the extra payments are split.
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The calculation is on the site: have your seniority and gross annual salary to hand.
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If the company prevents it, you can put that in writing on the receipt itself (art. 49.2).
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Ask for a signed copy. A labor lawyer or the union can check it beforehand.
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With a limit of €180,000; what an agreement or a deal sets above the law is not exempt (IRPF Law, art. 7.e).
Papers
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The company usually sends it to the SEPE; if not, take it yourself with the application.
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It is free on the Social Security website, with a certificate, Cl@ve or SMS. It counts the days of the last six years.
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If you claim, they will be the proof of your salary and seniority.
Unemployment benefit
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The site’s calculator uses the 2026 caps: from €560 to €1,225 with no children, from €749 to €1,400 or €1,575 with children.
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It is a requirement to apply for the benefit and to keep receiving it (General Social Security Law, arts. 266 and 268).
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If you miss it, you are paid from the date of the application and lose the days you took (art. 268).
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On the portal, with a certificate, electronic ID or Cl@ve. The application includes the activity agreement.
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The period must appear on the company certificate (art. 268.3).
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Payment arrives in 30-day installments, between the 10th and 15th of the following month; each installment expires after a year.
Claiming
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The period lapses (art. 59.3): the days are working days and it cannot be extended.
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It is a prerequisite for the trial and suspends the 20-day period (Law 36/2011, arts. 63 and 65).
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Art. 65.1 of Law 36/2011. A lawyer or the union will tell you the exact day.
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Claiming against the dismissal does not prevent you from receiving benefit (art. 268.4).
Afterwards
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Benefit arrives late and is less than your salary; the emergency fund calculator helps you see how long you can hold out.
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It takes on the company’s share and deducts yours from the benefit (art. 273).
First unemployment payment
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Good to know
- This list applies to a dismissal or the end of a contract by the company’s decision. If you resign, unemployment benefit generally does not apply: article 267 of the law says in which cases of voluntary termination it does.
- Your sector’s collective agreement can give more than the law (for example, how extra payments or leave are calculated): the union or the company can give you the text.
- The 20 working days to challenge the dismissal and the 15 working days to apply for benefit are different periods and run at the same time: do not wait to apply for benefit until you know whether you will claim.
- Dismissal compensation and unemployment benefit are compatible: claiming against the dismissal does not prevent you from receiving the benefit.
Frequently asked questions
How long do I have to challenge a dismissal?
20 working days from when it happens (Workers’ Statute, art. 59.3). Filing the conciliation or mediation request suspends the period, which resumes the day after the attempt or 15 working days after filing if it is not held.
Do I have to sign the finiquito?
You are not obliged to sign it at the time. You can ask for a workers’ representative to be present, sign “no conforme” or note on the receipt that the company prevented it. The employer must attach a settlement proposal when communicating the dismissal.
What compensation am I entitled to?
For unfair dismissal, 33 days’ salary per year of service, up to 24 monthly payments; for objective dismissal, 20 days per year, up to 12 monthly payments; at the end of a temporary contract, 12 days per year (art. 49.1.c). The site’s calculator does the sum.
How much unemployment benefit will I get?
70% of the contribution base for the first 180 days and 60% after, with a minimum of €560 and a maximum of €1,225 with no children in 2026. It depends on the days contributed: from 120 to 720 days of benefit.
What if I am dismissed while pregnant?
The dismissal of a pregnant worker, from the start of the pregnancy, is void unless it is declared justified for reasons unrelated to the pregnancy, and a void dismissal means immediate reinstatement with the unpaid salaries (arts. 55.5 and 55.6). Consult a lawyer or the union and respect the 20 working-day period.
Next step
I’m not an accountant or a financial advisor. This is an estimate, for information only. Check with a professional before you decide.
- The calculatorSpain unemployment benefit (paro) calculator
- The calculatorSpain dismissal compensation (indemnización por despido) calculator
- The guideSpain: unemployment benefit, who gets it and how to apply
Sources
- BOE — Workers’ Statute (RDLeg 2/2015), articles 49, 53, 55, 56 and 59: finiquito, objective and disciplinary dismissal, 20 working-day period (in Spanish)
- BOE — Law 36/2011 regulating the social jurisdiction, articles 63 and 65: prior conciliation or mediation (in Spanish)
- BOE — General Social Security Law (RDLeg 8/2015), articles 266 to 273: the paro (in Spanish)
- SEPE — Contributory benefit: I have worked more than a year (deadlines, documents, payment) (in Spanish)
- SEPE — Annual amounts 2026: IPREM, minimums and maximums of the paro (in Spanish)
- Social Security — Work-life report (in Spanish)
To challenge a dismissal, check the finiquito or a case of pregnancy, sick leave or discrimination, ask your union or a labor lawyer before signing.