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Estatuto de los Trabajadores · SMAC · 20 Business Days Deadline
Employee Rights & Severance Pay
Spanish employment law (Estatuto de los Trabajadores) strictly regulates the termination of employment contracts. When a termination is ruled unfair (despido improcedente), the worker is legally entitled to:
1. Statutory Severance Pay (Indemnización)
33 days of salary per year worked capped at 24 monthly payments (for tenure accumulated after February 12, 2012) or 45 days per year (for tenure prior to that date).
2. Final Settlement & Outstanding Wages
Full payment of overdue wages, accrued unused vacation, and pro-rata annual bonus payments (finiquito). The Minimum Interprofessional Wage (SMI) in 2026 is €1,221/month (RD 126/2026).
3. Recovery of Court Costs
Potential award of legal fees and court costs (costas procesales) when the court rules fully in favor of the employee.
Do NOT sign the finiquito or dismissal letter without legal advice! If pressured to sign immediately, write handwritten alongside your signature: “NO CONFORME” (Not Agreed) and record the actual date of receipt.
Procedure and Strict Deadlines
The 20 business days (días hábiles) countdown begins the day after receiving official notification. Saturdays, Sundays, and public holidays are excluded from the calculation.
The legal process involves the following steps:
- Papeleta de Conciliación: Filing a formal petition with the conciliation service (SMAC). Submission suspends the 20-day deadline for up to 15 business days.
- SMAC Conciliation Hearing: Holding a settlement meeting with the employer to agree on severance pay.
- Labour Court Lawsuit: If no agreement is reached, a lawsuit is filed in the Labour Court (Juzgado de lo Social). Resolution typically takes 3 to 6 months.
Frequently Asked Questions (FAQ)
What if my employer demands I sign to get paid?
Write “NO CONFORME” next to your signature and add the date. This notation preserves your full right to challenge the dismissal via SMAC and court.
How are the 20 business days calculated?
Only working days (Monday to Friday) are counted, excluding local, regional, and national public holidays.
Can I recover my legal expenses?
Yes, in labor jurisdiction, if the court finds in full favor of the employee and observes bad faith by the employer, court costs may be awarded.
Schedule an urgent consultation with our employment lawyer:
📞 +34 696 85 95 47 | 🌐 igorlapchynskyi.com
