Ignoring a Dismissal Notice Can Cost You
- Spanish labour law imposes a 20-working-day expiry deadline to challenge a dismissal, after which courts will not normally examine the merits of the termination.
- The Tribunal Supremo's ruling 82/2020 established that the deadline runs from the date a worker actually collects a burofax, provided there is no evidence of bad faith or
- Employment lawyers warn that expressly refusing delivery, failing to update an address, or allowing a postal notice to lapse without reasonable cause can validate the employer's
Workers in Spain who ignore or delay collecting a certified dismissal letter risk forfeiting their right to challenge the termination in court — a legal trap that employment lawyers warn is more common, and more costly, than many employees realise.
A tight statutory window
Spanish labour law sets a 20-working-day deadline — excluding Saturdays, Sundays and public holidays at the relevant court — for an employee to contest a dismissal. Crucially, this is a period of caducidad, meaning expiry rather than limitation: once it elapses, the court will not ordinarily examine whether the dismissal was fair, unfair, or void. The financial stakes are considerable. A successful unfair dismissal claim can entitle a worker to reinstatement or a severance payment calculated, as a general rule, at 33 days' salary per year of service. A finding of nullity carries mandatory reinstatement and full back pay. If the action expires, both remedies fall away.
When the clock actually starts
The point at which the 20-day period begins is not always straightforward. Jordi Català, an employment law specialist, explains that as a practical rule the deadline runs from the date on which the worker had actual, effective access to the letter and learnt of the dismissal — not necessarily from the first attempted delivery. This interpretation is consistent with the Tribunal Supremo's ruling 82/2020. In that case, a postal notice was left on 13 July; the worker collected the burofax on 11 August, within the postal collection window. The Supreme Court held that the 20 days should be counted from the date of actual collection, because there was no evidence of bad faith, deliberate refusal, or dilatory conduct on the worker's part.
Gemma Reinón of Català Reinón Abogados cautions, however, that the position changes sharply if an employee expressly refuses delivery, gives the employer an out-of-date address, or engages in conduct designed to evade notification. "What a worker cannot do is leave it entirely to their own discretion when the deadline begins," Català notes. "If the burofax was sent to the correct address, the notice was left, and the worker lets it lapse without reasonable explanation, the employer can argue it did everything required."
Not all uncollected letters are equal
The courts are required to consider individual circumstances. Reinón draws a clear distinction between deliberately avoiding a letter and being unable to collect it for legitimate reasons — hospitalisation, absence on holiday, or another documented obstacle. "If there is no bad faith and no intent to evade the communication, it may be possible to argue that the deadline did not begin before the worker had genuine knowledge of it," she says. Equally, not every delay in retrieving a burofax amounts to obstruction. "Collecting it a few days after the notice does not by itself constitute an attempt to hide," Reinón adds, noting that caducidad cannot be applied broadly because it extinguishes a legal right entirely.
The employer's burden of proof
The obligation to communicate a dismissal rests with the employer. Under the Estatuto de los Trabajadores, a disciplinary dismissal must be set out in writing, specifying the grounds and the effective date; objective dismissals carry the same written requirement. Whether the company uses hand delivery, recorded post, or a burofax, it must demonstrate compliance with the rules of whichever channel it has chosen. Català emphasises that a burofax with certified content is the most robust option, as it evidences both the fact of despatch and the precise wording of the letter. A standard recorded letter with acknowledgement of receipt may also be valid, but ordinary post presents substantially greater evidential difficulties.
Practical steps after receiving a postal notice
Both lawyers advise employees to collect any postal communication from their employer without delay, preserve all documentation — the envelope, the collection receipt, the full letter, and any messages from the company — and note the relevant dates carefully. Filing a conciliation application (papeleta de conciliación) suspends the caducidad clock; the period resumes the day after conciliation is attempted or, if the hearing does not take place, after 15 working days from the date of filing under current rules. "The days pass quickly and should not be spent deliberately," Català warns. "Even if there is a genuine dispute about when the deadline started, the prudent course is to claim using the earliest reasonably possible reference date." Reinón's summary is unambiguous: "Collect the letter, preserve the evidence, and take legal advice immediately. Ignoring the notice does not necessarily stop the dismissal; what it may do is leave the worker without time to defend themselves."
More in Society
→
Read in another language