Termination notices are not used
In general, Spanish legislation protects the employee and not the company. This means, among other things, that in the event of dismissal, no notice of termination is given, as the dismissal is made from one day to the other against payment of compensation to the employee.
This compensation is calculated on the basis of seniority and the previous month’s average salary to 33 days ‘salary per year of employment in the job in question, however with 45 days’ salary per year of employment before february 12 2012. As an example, almost 6 months’ salary in tax-free compensation shall be paid to the employee upon dismissal when he or she has worked in the company for the previous 5 years.
Since the employee may, after dismissal, demand payment of contributions from the public, also based on how long and how much has been contributed to social security, it may at some point become an attractive situation for the employee to speculate on being fired, for example by not performing his job satisfactorily.