Resignation in Spain – Minimum legal notice

Many people who work in Spain are not sure how many days in advance it takes to deliver their notice or resign. The actual period may vary depending on the particular industry you work in, so you should seek expert advice before submitting your notice to ensure that you are not penalized for non-compliance with regulations.

The first thing to keep in mind is that if you are still within the trial period, you can deliver your notification at any time without further ado. However, the same applies to the company that terminates the contract.

If you have already passed through the trial period, article 49.1 of the Workers’ Statute indicates the following in relation to the resignation: “the minimum notice is the one indicated in the commercial agreement (agreements that regulate working conditions within the different industries) or whatever is customary in the field. “So you should find out which trade agreement is applicable to your company and what you have to say regarding the minimum notice. Generally speaking, this can range from 15 days ( most common) up to 2 months. It should also be noted that if the notice given is less than that stipulated by the business agreement (or custom), you may have to pay compensation to the company in the amount of one day’s salary for each day as required Notice period In the event that there is no applicable trade agreement or if no reference is made to a minimum notice period, you can assume that 15 days notice would be required.

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