Press Room

The severance pay for unfair terminations in Spain (33 days of salary per worked year) has been considered, again, adequate by the Spanish Supreme Court (no additional severance shall be granted). The European Social Charter (ESC) – which has the same wording as the ILO Convention nº 158 – only provides for an adequate compensation (without further details). Therefore, the EU states have to regulate this provision to set up a particular compensation. The Spanish regulation already provides a certain amount that considers the employee’s salary and years of service for its calculation – who says this is not adequate? Neither the ESC nor the European Court of Justice. However, the Decision of the European Committee of Social Rights (March 20, 2024) considers the Spanish severance pay insufficient. Even so, the Spanish Supreme Court reminds that these decisions are neither enforceable nor binding; these decisions are purely addressed to the European Committee of Ministers and even to them, they are not binding. Therefore, Spain is not obliged to follow those decisions. Supreme Court 07/16/25

Employees hired exclusively to work on Saturdays, Sundays or public holidays, have also the right to receive the public holidays bonus, as otherwise the right to equality would be breached (article 14 of the Spanish Constitution). This is because the work performed during those days is just as burdensome (or even more) for them (part-time employees) as it is for full-time employees who do not usually work on these days and only do it occasionally. Working on a permanent basis on public holidays is considered to be more burdensome than doing it occasionally. Therefore, it should be compensated with an additional remuneration if the employer intends not to pay the public holidays bonus. Supreme Court March 4, 2025.