“You’re fired, get your things.” Sometimes the sentence comes in the corridor, sometimes on a video call and sometimes in a message that is later deleted. What matters is what follows: with no letter, no signature and no witnesses, you have to act with method and in a hurry, because the clock of 20 working days starts running from that moment.

What the law says about verbal dismissal

Spain’s Estatuto de los Trabajadores (Workers Statute) requires a disciplinary dismissal (despido disciplinario) to be communicated in writing, with the facts that motivate it and the date on which it takes effect (article 55.1). A dismissal that is only spoken fails that form. In practice, the courts classify it as unfair (improcedente), which opens two outcomes: the company either takes you back or pays you the statutory severance.

The difficulty is not legal, it is one of proof. The company can say it never dismissed you, that you stopped coming in, that you resigned or that you were on voluntary leave. And whoever says there was a dismissal has to show that there was one. Hence the order of this article: first the clock, then the evidence, and finally the sum of what you can collect.

The clock: 20 working days

The period to challenge a dismissal is 20 working days, counted from the day after the one on which it took place. It is an expiry period (caducidad): if you let it pass, you lose the right to claim even if you are right and have proof. Saturdays, Sundays and public holidays do not count, but August does. How they are counted, with examples and a calendar, is explained in the deadline to challenge a dismissal.

Filing the conciliation request (papeleta de conciliación) with the conciliation service suspends the period while it is processed, and afterwards it resumes for the days that were left. How it is done, step by step, is in how to file the conciliation request.

An example. You are dismissed verbally on Wednesday 7 October. The first countable day is Thursday 8 and, deducting the national holiday on 12 October and assuming there are no local holidays, the 20 working days end on Thursday 5 November. Mark that date as the absolute limit and file the request well before it.

The evidence: what to do in the first 24 hours

Your aim is to leave a record of three things: that there was a dismissal, when, and who said it. In order from most to least useful:

  1. Ask for written confirmation. A message or email to your manager or to HR: “Today at 12:30 you told me verbally that I am dismissed. Please confirm this to me in writing with the effective date.” If they reply, you have the proof. If they do not reply, that is also information.
  2. Witnesses. Colleagues, customers or anyone who was present when it was communicated. Bear in mind that colleagues who stay at the company may not want to testify. Note names and phone numbers.
  3. Recording. If you take part in the conversation, recording it is not illegal, and the labour courts have admitted it as evidence in many cases. If the conversation happens somewhere with a camera, ask for a copy of the footage. Do not record conversations in which you are not present.
  4. A written statement with acknowledgement of receipt. Hand in at the workplace a statement saying you were dismissed verbally that day and asking them to confirm it. Ask for a stamped copy. If they refuse, send it the same day by burofax (certified delivery service) with certification of content and acknowledgement of receipt.
  5. Workers’ representatives. If there is a works council or delegates, give them a statement and ask them to acknowledge receipt.
  6. If you have nothing, go back to the workplace the next day, accompanied by witnesses. If they stop you entering, you can ask the local police to draw up a report of what happened, or go with a notary, which costs more but is very effective evidence.

What does not work: a corridor conversation that nobody can confirm, a message in a chat that later disappears without your having captured it, or a suspicion that “they want to get rid of me”.

What not to do

  • Do not simply stop going. If they tell you that you are dismissed and you do not return, the company can allege job abandonment or resignation. That is why an attempt to return with witnesses or the official report is worth it.
  • Do not sign a finiquito (final settlement) or a document you do not understand. If you sign “agreed” or “voluntary”, you can complicate your claim. If they put it in front of you, you can sign “not in agreement” (no conforme). More in what to do with a finiquito that does not add up.
  • Do not let the 20 days pass hoping it “sorts itself out”. Conversations with the company do not suspend the period.
  • Do not resign in writing. A voluntary resignation letter turns a dismissal into a resignation and leaves you without unemployment benefit.

Unemployment benefit: 15 working days

The period to apply for unemployment benefit (paro) is 15 working days from the termination. Book an appointment with the SEPE (the public employment service) as soon as possible, because the application date is the day on which you request the appointment. If you have neither the dismissal letter nor the company certificate, it is possible to file the application with a declaration that you lack the documents, so that the public employment service requests the information from the company. To complete the file, the conciliation request and record, or a court ruling, may be required.

Important: applying for benefit and claiming the dismissal are separate routes, and you can do both. The amount and duration of benefit depend on your contributions; how long you can collect unemployment benefit works it out with examples.

What you can collect if the dismissal is unfair

If the dismissal is declared unfair, the company chooses between taking you back or paying the severance. The general calculation under article 56 of the Statute is 33 days of salary per year of service for the period worked since 12 February 2012, with a maximum of 24 monthly payments, and 45 days per year for the earlier period, with the caps set by law. The details and cases with examples are in how to calculate severance for unfair dismissal.

On top of that comes the finiquito: accrued holiday, pro-rated extra payments and outstanding salary, which are explained in the final settlement on dismissal. And where unfairness is accepted, the company can acknowledge it before the trial and deposit the severance to limit the back pay (salarios de tramitación).

An example with numbers

You have been at the company for 4 years and 6 months, on a gross salary of 24,000 euros a year (65.75 euros a day). The whole period is after 2012.

  • Severance: 33 days × 4.5 years = 148.5 days.
  • Approximate amount: 148.5 × 65.75 = 9,763.88 euros.

This is an estimate to picture the order of magnitude. The real calculation depends on how your salary is computed and on whether you have service from before 2012. The severance pay calculator gives you a figure with your own data.

What happens at conciliation and at trial

After you file the request, the conciliation service summons the company. There are three possible outcomes:

  • With agreement (con avenencia): the company acknowledges the dismissal and you agree an amount. You can accept if it compensates you, but do not sign without checking the numbers.
  • Without agreement (sin avenencia): a record is drawn up and you can file the claim with the Juzgado de lo Social (Labour Court) within the remaining period.
  • Company does not appear: conciliation is deemed attempted and you can sue.

At trial, the company will have to explain why there is no letter and you will have to prove the dismissal. That is why the evidence from the first hours is so important.

Common cases

They tell me by voice message or WhatsApp. It is better than nothing: a message that says “don’t come in tomorrow, you’re fired” is a communication, even if it is not a letter. Take screenshots with date and time, export the chat and keep the audio. If the message is deleted, the copy you made is your proof. A dismissal by message is still a dismissal without the required form, so it is treated as unfair if you prove it.

They tell me “go home and we’ll call you”. This is the most ambiguous situation: there is no express dismissal, but they are not giving you work either. Write to the company to ask whether you are dismissed, when you return and whether you have to attend. Meanwhile, state your availability in writing. If days go by without a reply, the ambiguity can work against you, so do not prolong it.

They stop me entering the workplace. Your blocked access is a fact worth proving: ask a colleague to see it, call the local police to draw up a report or record the scene if you take part. Ask for written confirmation. It is a strong sign of dismissal.

They tell me not to come back but keep paying me. If you receive payslips and there is evidence that they do not want you to work, it may be a suspension of employment with pay or a disguised notice period. Ask for clarification in writing and do not give up your position without understanding what it is.

They tell me I have been deregistered from Social Security. The deregistration the company files with Social Security is an objective fact: check your vida laboral (work history record) on the electronic office. If a deregistration appears, it is evidence that the company considers the relationship over. Keep the document with its date.

Model letter to record it

Subject: Verbal notice of dismissal of [date]

For the attention of [management or HR contact]. I am writing to record that on [date], at [time], [name of the person] told me verbally at [place] that I was dismissed with immediate effect. Please confirm the decision, the reason and the effective date to me in writing. I look forward to your reply, which I need in order to exercise my rights. Kind regards.

Send it by a means that leaves a trace, such as email with read receipt or burofax. If you hand it in by hand, ask for a stamped copy.

Questions that come up again and again

  • Is it in my interest to say I am on leave or that I am leaving? Never say you are leaving. If you say “I’m leaving” or “I resign” in an argument, the company can claim it as a resignation and deny you unemployment benefit.
  • What if they offer me an amount not to claim? You can negotiate it, but with figures: calculate your severance and do not sign without understanding what you are giving up. If you sign an agreement, the commitment is final.
  • Do I need a lawyer? It is not compulsory to sue for dismissal, but in a verbal dismissal the evidence strategy weighs heavily. A consultation with a union or a labour lawyer is a small investment.
  • Can the company fix it with a later letter? Yes, in some cases. If you were dismissed verbally and the company hands you a letter days later, the effective date and the deadlines are disputed. Keep everything and take advice as soon as possible.

What I would do

The same day, I would write an email or confirmation message and keep a screenshot. The next day I would go to the workplace with a colleague or ask the local police for a report. Within a week I would file the conciliation request, without waiting for the afternoon of day 20, and book an appointment for unemployment benefit. And I would talk to a union or a labour lawyer, even if only for one consultation, because in a verbal dismissal the evidence strategy weighs more than any severance calculation.

Severance and benefits are separate questions: check unemployment benefit after disciplinary dismissal in Spain.

Where to go next

After you claim, the question that remains is what you will collect and when. The final settlement on dismissal and dismissals with papers that do have a letter complete the picture.