Spain unfair dismissal calculator
Work out the compensation you are owed in Spain if your dismissal is accepted or ruled to be unfair, including service before the 2012 reform.
Spain unfair dismissal calculator: what it is and how it works
In Spain a dismissal is unfair (improcedente) when the employer cannot prove the stated reason, fails to meet formal requirements or admits it at conciliation. The employer can then choose to reinstate the employee, paying back wages, or to compensate them with 33 days’ pay per year of service, up to 24 months’ pay.
If your contract began before 12 February 2012, compensation has two parts: 45 days per year up to that date and 33 days per year afterwards. The total cannot exceed 720 days’ pay unless the pre-2012 part alone is higher, in which case that amount applies, with an absolute maximum of 42 months’ pay. This calculator applies both parts and the caps automatically.
How to use it
- Enter the date you started working for the company.
- Enter the date of dismissal.
- Enter your gross annual salary including extras and see the compensation and its parts.
Compensation = daily salary × (45 × years to 11/02/2012 + 33 × years from 12/02/2012), cappedWorked example
If you started on 1/5/2008 and were dismissed on 31/10/2026 earning €30,000 gross a year, you get 172.5 days for the pre-2012 period and 486.75 days afterwards: 659.25 days, about €54,185.
Frequently asked questions
Who chooses between reinstatement and compensation?
The employer, unless the employee is a workers’ representative, in which case the employee chooses. The option must be exercised within five days of the judgment.
What are back wages?
The salary lost between the dismissal and the judgment. They are only paid if the employer chooses reinstatement or the employee is a workers’ representative.
What is the maximum compensation?
24 months’ pay (720 days). If the pre-2012 period entitled you to more, that amount is kept, up to 42 months’ pay.
How do I challenge an unfair dismissal?
By filing for conciliation within 20 working days of the dismissal. If no agreement is reached, you can bring a claim before the employment court.