Samenvatting

This article describes the main lines of dismissal law in Spain, with a focus in the most recent reforms and debates. The first section presents the constitutional and legal framework of dismissal law. Section 2 describes the different types of dismissal and the central principles of dismissal law in Spain, namely, the principle demanding a valid reason or cause to dismiss (causalidad); the principle according to which the dismissal must comply with certain formal elements (forma), and the principle of judicial control of the decision to dismiss. Section 3 describes the reasonable grounds for dismissal, while in section 4the focus is on the procedural aspects and terms. Section 5 addresses the legal consequences deriving from each type of dismissal, such as reinstatement and severance pay. In section 6, the article briefly describes the last reforms in dismissal law, including the derogation of dismissal for absenteeism, the prohibition of certain types of dismissal during the COVID-19 pandemic and the novelties introduced by Law 15/2022. Finally, the article outlines, in the last section, some of the debates on future reforms of dismissal law that are taking place in Spain.