When international law strengthens the rights of the defense in Spain

In Spain, labor law is evolving rapidly, with major changes impacting both employees' rights to defend themselves and the rules for compensation in the event of dismissal.

Compensation scales under fire

Recently, the compensation scale system in Spain has been called into question in light of the standards established by the European Social Charter. A significant ruling from the Spanish courts is expected on this matter. We will dedicate a detailed article to it very soon.

The new feature: the preliminary interview before a disciplinary dismissal

Unlike France, where labor law imposes a strict procedure for dismissal (including steps such as preliminary interviews and adherence to deadlines), Spain previously had no similar rules. However, a landmark decision by the Tribunal Supremo (the Spanish equivalent of the Court of Cassation), dated November 18, 2024, changes the situation.

A new obligation for employers

From now on, before any disciplinary dismissal (equivalent in France to dismissal for serious misconduct), the Spanish employer must hold a preliminary meeting. This meeting aims to allow the employee to defend themselves against the allegations against them.

This decision is based on Article 7 of the ILO (International Labour Organization) Convention*, which guarantees the employee's right to a fair hearing. The Spanish Supreme Court reiterates that international law takes precedence over national law and is directly applicable in Spain.

An important clarification

The Court clarifies that this preliminary interview cannot be replaced by conciliation or mediation following the dismissal. This obligation is therefore an essential element of the procedure.

Consequences for employers

Before this decision, only a dismissal letter was required in Spain for disciplinary dismissal. Now, the absence of a prior meeting could result in:

  • Dismissal without just cause, with compensation of 33 days' salary per year of service;
  • Void dismissal, obligating the employer to pay wages until the court's decision;
  • Additional damages, at the judge's discretion.

The coming months will be crucial in clarifying the interpretation and application of this new rule.

What this means for businesses in Spain

This decision represents a true revolution in Spanish labor law. Employers must now think carefully before considering disciplinary dismissal, even for employees with short tenures. Each case must undergo a thorough risk analysis to avoid unforeseen legal and financial consequences.

Conclusion: A New Era for Labor Law in Spain
This evolution brings Spanish practices closer to those in force in France, while also incorporating international standards. Companies operating in Spain must adapt their human resources management procedures to these new requirements.

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*Convention C158 – Convention (n° 158) sur le licenciement, 1982