Labor law in France and Spain alike recognizes an employee's right to challenge a dismissal they consider unjustified. Behind this shared principle, the two countries differ significantly in deadlines, procedures, calculations, and formalities. These gaps can be decisive for any employee or employer involved in a cross-border termination.

1. Very different contestation deadlines

Both legal systems strictly regulate the time limits for bringing a claim, but according to very different logic.

In Spain: action within 20 working days

The time limit for contesting a dismissal in Spain is very short: twenty working days from the working day following the effective date of the dismissal or its notification to the employee. This deadline is set out in Article 59.3 of the Workers' Statute (the equivalent of the Labor Code in Spain).

This is a forfeiture period: once it has expired, the employee permanently loses the right to take action, with no possibility of suspension or interruption. This very strict regime requires immediate action.

In France: a one-year period subject to prescription

By comparison, France allows a longer period: an employee has one year to refer the matter to the Industrial Tribunal (Conseil de prud'hommes), in accordance with Article L. 1471-1 of the Labor Code. For claims relating to performance of the contract, this period is extended to two years.

This is a prescription period, which may be interrupted.

2. Working days or calendar days: opposing calculation methods

The way days are counted also differs between the two countries.

In Spain: only working days count

In Spain, the count is in working days: Saturdays, Sundays, and public holidays are excluded. This can significantly affect deadlines. In Spain the whole month of August is treated as non-working, which extends the period if, for example, a dismissal is notified in mid-July.

In France: calendar-day calculation

In France, calendar days are used, including weekends and public holidays. The period generally starts on the date the dismissal letter is received.

3. A differently structured contestation procedure

Beyond deadlines, the form of the procedure varies between the two countries.

In Spain: mandatory administrative conciliation

In Spain, contesting a dismissal must begin with an attempt at administrative conciliation. This step aims to settle the dispute amicably, with the involvement of the competent administrative services.

A practical detail: if conciliation takes place on the last day of the 20-day period, the law allows an additional deadline until 3 p.m. the following day to file the claim with the court.

In France: conciliation within the judicial procedure

In France, conciliation is not a separate preliminary step. It is integrated directly into proceedings before the Industrial Tribunal. From the conciliation hearing, the parties may be invited to reach an agreement before the case is decided on the merits.

4. Legal assistance: recommended but not mandatory

In both countries, using a lawyer is not mandatory but strongly recommended given the technical nature of employment law rules.

In Spain: assistance by a lawyer or a “ graduado social ”

The employee may appear alone or be assisted by a lawyer registered with a Spanish bar or by a « graduado social », a professional specialized in Spanish employment law.

In Spain, for a lawyer to act for a client, the lawyer must hold a notarized power of attorney or an « apud acta » power before the court.

In cross-border disputes, powers of attorney must be anticipated well in advance, especially when the client lives abroad. If the notarized power is issued by a notary in France, it must be apostilled and translated by a sworn translator.

For more information on apostille formalities, see our article: Apostille: validating your French documents abroad

In France: broader representation options

In France, several options are available to represent the employee: a lawyer (no power of attorney required), a union representative, or a colleague or employer in the same sector with a written power of attorney. Only the lawyer is exempt from producing a power, as the lawyer holds an « ad litem » mandate.

The client's mandate to their lawyer is presumed, which means the lawyer does not need to produce a signed power for each procedural step.

Conclusion

The differences between France and Spain regarding contestation of dismissal are numerous, whether as to deadlines, the nature of procedures, or rules on representation.

The rigor of the Spanish regime contrasts with French flexibility, particularly on deadlines and possible interruptions. These differences must be carefully analyzed by anyone involved in an international termination of employment.

Support from a legal professional is often decisive in protecting one's rights.