Missing work without a reason can cost you your job, but not every absence is enough to dismiss. The law requires them to be repeated and unjustified, and the employer has to prove it in the letter and, if necessary, before the judge. If you miss work often, here is what the Statute says, how long the employer has to act and how to react if you receive a letter about it.
The ground is article 54.2.a: repeated, unjustified absences
Article 54.1 of the Estatuto de los Trabajadores (Workers Statute) allows dismissal based on a serious and culpable breach. Article 54.2.a lists as a breach the repeated and unjustified absences or lateness at work. Three words matter: repeated (not just one), unjustified (with no cause covering them) and absence or lateness (delays count too).
The law sets no number. That is developed by collective agreements (convenios colectivos), to which article 58.1 refers for grading offences and sanctions. So before anything else, check in your convenio how it treats missing work without justification (serious or very serious).
Letter d) of article 52 can no longer be used
If you have read about an objective dismissal for absenteeism, note that letter d) of article 52 appears as repealed in the current consolidated text. It cannot be invoked as a ground. Against absences, the remaining route is the disciplinary dismissal of 54.2.a, which has stricter proof and form requirements and does not carry the 20 days per year of an objective dismissal.
For the objective grounds that remain in force, see objective dismissal: grounds and requirements.
Which absences count as justified
| Situation | Does it justify the absence? |
|---|---|
| Sick leave (temporary incapacity) | Yes, while the medical note lasts |
| Paid leaves in the Statute (birth, bereavement, hospitalisation, marriage…) | Yes, with proof |
| Medical appointment with proof, if your agreement covers it | Normally, depending on the agreement |
| Absence with no notice or proof | No |
| Staying away believing “it was already agreed” with nothing in writing | Usually not enough |
If you claim illness, article 20.4 lets the employer verify it with a medical examination. If you refuse, it can suspend the economic rights it owes you for that situation. More on this in employer checks during sick leave.
The letter must say which days you missed
The dismissal letter must be notified in writing, stating the facts that motivate it and the date it takes effect (art. 55.1). In a dismissal for absences that means listing the specific days. “Repeated unjustified absences” without dates is a generic letter. The dismissal will be fair if the breach in the letter is proved, and unfair otherwise or if its form does not comply (art. 55.4). What it must contain, point by point, is in dismissal letter requirements.
The employer cannot wait forever
Article 60.2 sets limitation periods: minor offences lapse after 10 days, serious ones after 20 and very serious ones after 60 from when the employer knew of them, and in any case after 6 months from when they were committed. That cuts off letters about old absences.
An example. Pedro misses work without justification on 1, 2 and 3 September 2026 and his boss finds out on the 3rd. If the collective agreement classes those absences as very serious, the employer has until 2 November 2026 to act (3 September plus 60 days). If they are serious, until 23 September. After that, the absence can no longer support a dismissal.
The employer can sanction you without dismissing, within limits
Before reaching dismissal, the employer can impose sanctions, but with rules. Offences and sanctions are graded in law or in the collective agreement (art. 58.1). Serious and very serious ones need written notice with the date and facts (art. 58.2). And sanctions cannot reduce your holiday, cut your rest, or be a fine on your pay (art. 58.3). All are open to review by the labour courts.
What you get if the dismissal is unfair
Suppose Pedro earns €19,710 gross a year (€54 a day), has 8 years of service and the judge declares the dismissal unfair. If the employer chooses to pay, article 56.1 gives 33 days per year:
- 8 years × 33 = 264 days.
- 264 × €54 = €14,256.
If the dismissal is fair, there is no severance or back pay (art. 55.7) and he keeps the finiquito (final settlement). Either way he keeps the right to claim unemployment benefit, as explained in disciplinary dismissal and unemployment benefit. With your real data, use the severance pay calculator.
Why your case may be different
- Your convenio has its own regime of offences. It may require prior warnings or set a number of absences in a period.
- Absences caused by a health condition. If the absences come from an illness, the dismissal may be open to challenge even without a sick note. See dismissal while on sick leave.
- Absences for a protected reason: article 37 leaves, childcare, gender violence. In those cases the dismissal may be null (art. 55.5).
- The employer tolerated the absences. If it never said anything and suddenly dismisses you, that may weigh in your favour, but there is no automatic rule.
What to do if you are dismissed for absences
- Ask for the letter in writing and note each day it mentions. Compare with your rota or time record.
- Gather proof: sick notes, appointments, messages where you gave notice.
- Sign “received, not in agreement” (recibí, no conforme).
- Do not ignore the letter’s dates: a day listed that you did attend, or a sick note that covers it, is the strongest point in your favour.
- Count 20 working days using the deadline to challenge a dismissal and file the conciliation request as soon as possible.
This information is general guidance. When deadlines or money are at stake, speak to an employment lawyer (abogado laboralista) or a union.