The carta de despido (dismissal letter) is the most important document in the dispute: what it says decides whether the dismissal holds up, when your deadline starts to run and what you can claim. But it is read late and badly, with the nerves of the day. This article is meant to be in front of you while you read it: what it must say, which warning signs to look for and what to do with it.
Two types of letter, two lists of requirements
A despido disciplinario (disciplinary dismissal), for something you did wrong, is not the same as a despido objetivo (objective dismissal), for economic, technical, organisational or production reasons. Each has its own rule on form.
| Requirement | Disciplinary (art. 55) | Objective (art. 53) |
|---|---|---|
| In writing | Yes | Yes |
| Facts or cause | The facts behind it, in enough detail | The specific cause that justifies it |
| Effective date | Yes, it must appear | Yes, it must appear |
| Severance | None if the dismissal is fair | 20 days per year, capped at 12 monthly payments, made available at the same time |
| Notice | No | 15 days (or payment for that period) |
| Copy to representatives | If you are a representative or union delegate, there is a prior procedure | A copy is given to the legal workers’ representatives, if there are any |
Convenios colectivos (collective agreements) can add steps: a prior hearing, a disciplinary procedure or time limits. If yours requires them and the employer skips them, the dismissal can be unfair.
Disciplinary dismissal: what the letter must say
The law requires two essential things: the facts and the effective date.
The facts, in enough detail for you to defend yourself. A letter that says “serious breach of its obligations” or “continued drop in performance” without saying when, how and how much is a generic letter. What must be readable is: what you did, on which date or dates, and why the employer considers it a serious and culpable offence. At trial the employer cannot add facts that are not in the letter.
The effective date, which is the day from which the dismissal takes effect. It is the date from which you start counting the 20-working-day deadline.
An example of an insufficient letter and a well-drafted one:
- Insufficient: “Because of your poor performance and repeated absences, the company has decided to dismiss you with effect from today.”
- Sufficient: “On 3, 7 and 14 September you did not turn up at your post without notice or justification for the absence (attached work reports). This conduct is a very serious offence under the relevant article of the collective agreement. The dismissal takes effect on 9 October.”
The difference is that the second one lets you answer with facts: whether you were on sick leave, whether you gave notice, whether you had permission.
Objective dismissal: what changes
In an objective dismissal, the letter must state the cause (economic, technical, organisational or production), with the data that supports it. The employer must also do three things at the same time:
- Make the severance available to you: 20 days’ salary per year of service, up to a maximum of 12 monthly payments, when it hands you the letter. This is one of the requirements most often breached. There is one exception: if the cause is economic and the company has no cash, it may not pay on the spot, but it must say so in the letter.
- Give 15 days’ notice or pay the salary for that period, counted from delivery of the letter until the termination.
- Give a copy to the legal workers’ representatives, if there is one, so that they are aware of it.
During the notice period you have the right to six paid hours a week to look for work. The calculation with examples and the tax treatment are in severance for objective dismissal.
An example to check with numbers
You receive an objective dismissal letter on 1 October. You have 6 years and 3 months of service and earn 30,000 euros gross a year.
- Your daily salary: 30,000 / 365 = 82.19 euros.
- Severance: 20 days × 6.25 years = 125 days, that is, 125 × 82.19 = 10,273.97 euros.
- Notice: 15 days, until 16 October, or equivalent payment.
If the letter says you are dismissed today, but you are not given the severance or the notice, the essentials are missing. The same if they do give it to you but the figure does not match: check your length of service and base salary before accepting it.
Warning signs in the letter
When you read it, underline these things:
- There is no effective date, or it is ambiguous (“from now on”).
- The facts are vague: no dates, no description, no data.
- It mixes causes: it says “disciplinary” and “objective” at once.
- Time-barred offences: offences lapse after 10 days if minor, 20 if serious and 60 if very serious from when the employer learns of them, and in any case 6 months after they were committed (article 60.2 of the Statute). An old offence cannot be relied on.
- Unexplained severance in an objective dismissal, or severance that is not made available.
- They hand you the letter with a “consent document” for you to sign saying you accept the dismissal.
- It does not follow the procedure in the collective agreement, if there is one.
None of these signs on its own is a guaranteed win, but all of them are useful arguments for your claim.
What happens if the letter is defective
If the letter fails the formal requirements, the dismissal is unfair. The employer still has a way to repair it: make a new dismissal that meets the omitted requirements within the 20 days after the first one, with the obligation to pay you the salary for that period. That means a defective letter does not guarantee you severance: it depends on whether the employer corrects it in time.
If the dismissal is declared unfair, the employer can readmit you or pay severance: 33 days per year with a maximum of 24 monthly payments for the period after February 2012, and the 45-day rule for the earlier period. How to calculate severance for unfair dismissal explains it with cases.
How to receive the letter without losing rights
- Read before you sign. Ask for a moment. If they do not allow it, sign only the receipt.
- Sign “recibí, no conforme”. It proves you received it without accepting the content or the cause.
- If you refuse to sign, the employer can record it in front of witnesses. It is better not to refuse and to sign with a reservation.
- Take a photo or copy of the letter, of every page and of whatever they hand you with it (cheque, transfer, notice).
- Do not sign a finiquito or a “mutual agreement” document the same day. What to do with a finiquito that does not add up explains how to sign it with a reservation.
- Note the effective date and work out your 20 working days that same afternoon. If the deadline runs while you negotiate, nobody gives it back to you.
Common cases
The letter says “for organisational reasons” and does not explain which. In an objective dismissal, the cause must be detailed with data: which reorganisation, which posts it affects, why they chose you. A generic sentence can be grounds for declaring the dismissal unfair. Ask the employer in writing to specify the cause and keep its reply.
They dismiss me for “reduced performance”. A continued and voluntary drop in performance is a ground for disciplinary dismissal, but the employer must prove it with comparable data: set targets, measurements, periods. Without figures, it is an empty accusation. A letter that includes no specific comparison is a warning sign.
The letter reaches me at home by burofax. That is valid. The deadline starts according to the effective date stated and the date of receipt. Collect the burofax and keep the receipt. If you are told there is a burofax waiting, do not ignore it: refusing to collect it does not stop the dismissal taking effect.
They give me the letter without a cheque, but say they will pay me “in a few days”. In an objective dismissal, the severance must be made available at the same time. If the employer invokes lack of cash, it must say so in the letter. A late payment without that justification is a defect you can raise.
I am a workers’ representative or union delegate. You have extra safeguards: the employer must open an adversarial file (expediente contradictorio) with a hearing for you and the other representatives. Omitting it can make the dismissal unfair, and you have priority to stay in the company in certain cases.
Model message on receiving the letter
Subject: Receipt of dismissal letter dated [date]
Good morning. I acknowledge receipt of the dismissal letter dated [date], which I sign only to prove its receipt and not in agreement with its content or the cause alleged. Please give me the certificado de empresa (employer’s certificate) and the calculation of the final settlement, broken down by item. Kind regards.
It is useful to record that you do not agree and to ask for the papers you will need for unemployment benefit.
Frequently asked questions
- Which documents must they give me with the letter? In an objective dismissal, a copy for the representatives, the severance and, where applicable, payment for the notice. In every case, it is worth asking for the employer’s certificate and the settlement.
- Can I ask for the letter in writing if I was dismissed verbally? Yes, although the employer is not obliged to give it to you afterwards: what it does have is the obligation to communicate the dismissal in writing.
- Does the letter have to be signed by a particular position? It must come from someone with power to dismiss. If someone without authority signs it, the defect may matter, although the employer can ratify it.
- Can I challenge it if the letter is correct? Yes. A formally correct letter does not stop you arguing that the facts are false, that the offence is not that serious or that the objective cause does not exist.
What I would do
I would photograph the letter on the spot, read it slowly at home and look for three things: the effective date, how specific the facts are and, if it is objective, the severance made available. Then, before accepting anything, I would ask for the calculation of what I am owed and talk to a union or a labour lawyer, even if only a short consultation. And I would file the conciliation request that same week. A defective letter helps, but a missed deadline cancels everything.
Where to go next
If there is no letter, see what to do about a verbal dismissal. For the next step, how to file the conciliation request. And to find out what happens with unemployment benefit depending on the type of dismissal, disciplinary dismissal and the right to unemployment benefit.