An objective dismissal is not a dismissal for something you did wrong: it is a decision by the employer for a reason the law lists. That list is closed, and if the letter fits none of the grounds, or the employer skips one of the three formal requirements, you have arguments to challenge it. Below are the grounds, the requirements and what happens when one fails. The severance amount is calculated in another article; here we focus on when the dismissal is valid.
Severance and benefits are separate questions: check unemployment benefit after disciplinary dismissal in Spain.
There are four valid grounds, and one is repealed
Article 52 of the Estatuto de los Trabajadores (Workers Statute) says the contract can be ended:
| Ground | What the law requires |
|---|---|
| Incompetence (art. 52.a) | Incompetence known or arising after you were effectively placed in the job. If it existed before you passed the trial period, it cannot be invoked afterwards |
| Failure to adapt (art. 52.b) | Reasonable technical changes to your post, with a prior adaptation course paid at your average salary and at least two months since the change or the course |
| Economic, technical, organisational or production grounds (art. 52.c) | Those of article 51.1, when the termination affects fewer workers than a collective dismissal |
| Non-profit bodies (art. 52.e) | Permanent contracts for public programmes funded by annual allocations, when the allocation is insufficient |
Letter d) of article 52 appears as repealed in the consolidated text, so it cannot be the basis of an objective dismissal. Unjustified absences are covered in dismissal for absences.
What economic, technical, organisational and production grounds mean
Article 51.1 defines them. Economic grounds exist when results show a negative situation: current or expected losses, or a persistent fall in income or sales, which is presumed if during three consecutive quarters each one is lower than the same quarter of the previous year.
Technical grounds exist when the means or instruments of production change; organisational ones when the working systems and methods or the way production is organised change; and production grounds when demand for the company’s products or services changes.
And the dismissal stops being objective and becomes collective if within 90 days it affects at least 10 workers (companies under 100), 10% (100 to 300) or 30 (over 300). At that threshold the article 51 procedure applies, with a consultation period.
The three formal requirements, all at once
Article 53.1 demands three things. If any is missing, the employer breaches the form:
- A written letter stating the ground. Saying “economic reasons” is not enough: the facts behind it must be readable.
- Severance at your disposal at the same time as the letter. That is 20 days’ salary per year of service, with a maximum of 12 months’ pay. Exception: if the ground is economic and the situation makes payment impossible, the employer can omit it by saying so in the letter, and you can demand it when the decision takes effect.
- 15 days’ notice, counted from delivery of the communication until the contract ends. For the grounds in article 52.c, a copy of the notice goes to the workers’ legal representatives.
During the notice period you are entitled, without loss of pay, to six hours a week to look for work (art. 53.2).
An example with dates and figures
Lucía earns €21,900 gross a year (€60 a day) and has 5 years and 6 months of service. She receives the letter on Tuesday 20 October 2026.
- Severance at her disposal: 5.5 years × 20 days = 110 days × €60 = €6,600.
- Notice: 15 days from 20 October, that is, until 4 November.
- If the letter is handed over with no notice: the employer must pay 15 days × €60 = €900 more, without the dismissal becoming unfair for that reason.
If the letter is handed over but the severance is “pending calculation”, an essential requirement is missing and you should claim within the deadline and point to that failure.
What happens if a requirement fails
Under article 53.4, the dismissal is fair when the ground is proved and the requirements of paragraph 1 were met. Otherwise it is unfair. But there are two points in the employer’s favour: missing notice and an excusable error in calculating severance do not by themselves make it unfair. The employer pays the wages for that period or the difference.
It is null if there is discrimination or a violation of fundamental rights, or in the protected cases it lists: pregnancy, suspension for birth, leaves and absences requested, victims of gender or sexual violence, and the twelve months after returning from birth leave. The exception is where it is shown that the objective ground specifically requires ending your contract. How the three outcomes work is in fair, unfair and null dismissal.
Why your case may be different
- Your company has workers’ representatives. In the article 52.c case they have priority to stay.
- Your collective agreement adds requirements. Some demand more steps or more notice.
- The ground is economic. The judge looks at the company’s real numbers; the name of the ground in the letter is not enough.
- You are on sick leave or on a protected leave. If the dismissal fits a protected case, nullity is the rule unless proved otherwise. See dismissal while on sick leave.
What to do when you receive the letter
- Check whether it states a specific ground and fixes an effective date. What a dismissal letter says matters more than what you were told verbally.
- Check that the severance, or the transfer receipt, arrives at the same time, and that the calculation of your length of service and salary is right.
- Sign “received, not in agreement” (recibí, no conforme) if you disagree.
- Count 20 working days and file the conciliation request without waiting for the last day.
This information is general guidance. When deadlines or money are at stake, speak to an employment lawyer (abogado laboralista) or a union.
If you dispute the reason for dismissal, check how to calculate unfair dismissal severance in Spain before accepting the employer’s breakdown.