Resigning in Spain: notice period, finiquito and resignation letter

Leaving a job of your own choice has three fronts to close at the same time: how long you have to give notice, what money you are owed on your way out and what you put in writing. In Spain a voluntary departure is legally called dimisión (resignation), and it should not be confused with sick leave or with a negotiated dismissal.

Resignation, mutual agreement or dismissal: not the same thing

Article 49.1 of the Estatuto de los Trabajadores (Workers Statute) lists the ways a contract ends separately. Resignation by the worker is point (d). Mutual agreement between the parties is point (a), and it usually comes with a document signed by both sides that sets the date and sometimes an amount. Dismissal is a decision by the employer, with its own rules.

The most practical difference concerns unemployment benefit. Article 267 of the General Social Security Act lists neither resignation nor mutual agreement among the legal situations of unemployment, so signing either one as a shortcut to claim paro is not a good idea. If you are offered an agreement, read all of it before signing.

How many days of notice do you have to give?

Article 49.1.d of the Statute says the contract ends by the worker’s resignation, “provided the notice set by collective agreements or local custom is given”. That is all the law says: not 15 days, not 30, not a date.

Fifteen days is a figure you hear a lot, but it does not come from the Statute. Your period is in the convenio colectivo (collective agreement) of your sector or company and, if the contract mentions it, there too. Check whether the agreement sets different periods by professional category.

If you cannot find anything in writing, ask HR or the workers’ representatives what has always been done in the company, and note it down in writing. That is the local custom the law refers to.

How the days are counted

The Statute is no help here either, so the agreement rules. Two points change the date of your last day:

• Calendar or working days. Fifteen calendar days is two weeks; fifteen working days can be three. Check which one your agreement uses.
• Counted from when. If the agreement does not say, the prudent choice is to count from the day you hand in the letter, and that is the date you should be able to prove.

If in doubt, use the reading that gives you the later date. Giving up two or three days of rest is cheaper than arguing over a deduction afterwards.

What happens if you do not give notice?

The law puts no figure on this breach. The agreement or the contract regulates it, and the most common provision is a deduction of the salary for the missing days.

Think in proportion. A reasonable deduction is for the days not notified, not holding back the whole finiquito. If one is applied and you cannot see which clause of the agreement or contract it rests on, ask for an explanation in writing and sign the receipt as “not in agreement”.

What the finiquito looks like: an example

Álvaro earns €24,000 gross a year in 12 payments, with extra payments prorated. He started on 6 February 2023, has 30 calendar days of holiday a year and has taken 14. His agreement requires 15 days of notice and the company deducts the salary of the missing days, at €66.67 a day (2,000 / 30). On 30 September 2026 he announces that he is leaving. These are the two options:

Holiday is calculated on the days earned up to the leaving date, 23.67 and 23.10 respectively, minus the 14 taken. Leaving seven days early costs him €971.70 gross: €466.67 of deduction, another €466.67 of salary for the seven days he no longer works and €38.36 less holiday.

The finiquito follows the usual logic, which is explained in how to calculate your finiquito. With the final settlement calculator you can change the notice and see the effect.

Pending holiday

Holiday dates are set by agreement with the company, under article 38.2 of the Statute. If you have days left and want to take them before you go, ask in good time and agree the dates; otherwise the days you have not taken are paid in the finiquito. That payment has its own details in unused holiday pay in Spain.

Which documents to ask for when you leave

Article 49.2 provides that the company attaches a proposed settlement when it is the one communicating the end of the contract or the notice. In a resignation you are the one giving notice, so ask for it in writing the same day you hand in your letter. When you sign the receipt you can ask for a legal workers’ representative to be present.

Also ask for the employer certificate (certificado de empresa) and a copy of everything you sign.

A short resignation letter

There is no need to give your reasons. Your employer will expect the letter in Spanish, so here is a Spanish version to copy, followed by an English translation so you know what you are signing.

Asunto: comunicación de baja voluntaria

A la atención de [nombre o departamento de RR. HH.]:

Yo, [nombre y apellidos], con DNI [número], que trabajo en [empresa] como [puesto], por la presente le comunico que he decidido dejar voluntariamente mi puesto.

Mi último día de trabajo será el [fecha], con el preaviso de [número] días que marca [el convenio colectivo aplicable / mi contrato].

Le pido que me facilite la propuesta de liquidación de las cantidades pendientes y el certificado de empresa.

Gracias por el tiempo compartido en la empresa.

[Ciudad], a [fecha]. [Firma]

Recibí copia el [fecha]: [firma de la empresa]

The English translation:

Subject: notice of voluntary resignation

To [name or HR department]:

I, [full name], ID number [number], who work at [company] as [position], hereby inform you that I have decided to leave my post voluntarily.

My last day of work will be [date], with the [number] days of notice required by [the applicable collective agreement / my contract].

I ask you to provide me with the proposed settlement of the amounts outstanding and the employer certificate.

Thank you for the time shared at the company.

[City], [date]. [Signature]

Copy received on [date]: [company signature]

Hand it in with a copy for the company to sign as received, or send it by a means that records the date. If you have holiday left or want to leave before the notice ends, there are two more variants in resignation letter in Spain: three templates.

After you leave: unemployment benefit

If you resign, the general rule is that you are not in a legal situation of unemployment: article 267.2.a of the General Social Security Act excludes people who leave their job voluntarily. There are exceptions, such as terminations for serious breaches by the employer, and they are covered in unemployment benefit after resigning in Spain. If you are leaving thinking you may still be entitled to paro, read that article first, because it is hard to go back afterwards.