Waiver in Spain – Minimum Legal Notice

Many people who work in Spain are not sure how many days notice is required to give their notice or resign. The actual period may vary depending on the particular industry you are working in, so you should seek expert advice before submitting your notice to ensure you are not penalized for breaching regulations.

The first thing to note 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 with respect to the company that terminates the contract.

If you have already gone through the trial period, article 49.1 of the Workers’ Statute indicates the following in relation to resignation: “the minimum notice is that indicated in the collective agreement (agreements that regulate working conditions within different sectors ) or what is customary in the field”. So you need to find out which trade agreement is applicable to your business and what it has to say about the minimum notice. Generally speaking, this can range from 15 days (most common ) up to 2 months. It should also be borne in mind that if the advance notice given is less than that stipulated by the commercial agreement (or custom), compensation can be demanded from the company for the value of one day’s salary for each day of work required notice period In the event that there is no applicable trade agreement or no reference to a minimum notice period, you can assume that 15 days notice would be required.

Leave a Reply

Your email address will not be published. Required fields are marked *