Costa Blanca Magazin

Unjustified cancellation Costa Blanca - rights & help

Ungerechtfertigte Kündigungen an der Costa Blanca

What to do in case of dismissal in Marina Alta or Marina Baixa? Rights, deadlines and help in the event of unfair dismissal on the Costa Blanca.

Dismissals are never pleasant - and Spanish labour law is often more complex than many people expect. Particularly in the Marina Alta and Marina Baixa regions, where many international professionals, seasonal workers and residents are employed, uncertainties arise time and again: What rights do employees have if a dismissal is not justified?

Disciplinary, operational - or unjustified?
In principle, Spanish labour law distinguishes between disciplinary dismissals, which are based on misconduct on the part of the employee, and dismissals for operational reasons, if economic reasons make continued employment impossible.
In practice, however, it turns out that many dismissals are not justified. In such cases, it is crucial to react quickly and know your rights.

What constitutes unfair dismissal?
A dismissal is deemed unjustified if it is made without a legally recognised reason or if the procedure was flawed. Dismissal is always the last resort that an employer may use - not the first step.
Anyone who receives a cancellation should confirm this in writing, but note „no conforme“ (do not agree). This signals that you object to the reason and will take legal action if necessary.

The right way to contest
1. initiate arbitration proceedings:
Within a short period of time, the competent conciliation office - on the Costa Blanca usually via SERVEF/TAMIB or the regional labour court - must be contacted.

a so-called papeleta de conciliación (application for conciliation) must be submitted. No legal action can be taken without this step. The aim is to resolve the conflict without going to court.
2. file a lawsuit:
If no agreement is reached, there is still the option of going to the labour court (Juzgado de lo Social). The complaint must be submitted within 20 working days of receiving the dismissal notice. The conciliation procedure interrupts the time limit, but it continues to run once it has been completed.
3. possible results:
If the employer recognises the unfairness at the arbitration hearing, the employee can choose between reinstatement or a severance payment. If the case goes to court, the court decides.

Severance pay or reinstatement
The amount of compensation depends on the type of termination and duration of employment:
- 20 days per working year in the event of redundancies for operational reasons,
- 33 days per year of employment in the event of unfair dismissal (or 45 days if the employment relationship began before 2012).
The proceedings often take several months - patience and legal support are therefore essential.


Particularly in the tourist regions of Marina Alta and Marina Baixa, where many international employees work, there are always uncertainties when it comes to dismissals. Anyone affected should know the deadlines, secure evidence and seek legal advice at an early stage. Specialist lawyers for labour law - for example in Dénia, Benidorm or Altea - offer fast and competent support.