Disciplinary Sanctions in Spain: What Can Your Employer Do?

🇪🇸 Read the original in Spanish

The employer's power of direction is one of the cornerstones of labour relations in Spain, but it is not absolute. When an employee commits a breach of contract, Spanish legislation grants the company the power to impose disciplinary sanctions—a right that must be exercised under strict legal and procedural control to avoid the measures being declared null and void. Whether you are an employer needing to correct behaviour or an employee who has received a warning, understanding the limits, deadlines, and procedures of the disciplinary regime is essential to protect your rights. In this article, we analyse in depth what a company can—and cannot—sanction according to the legal framework of the Boletín Oficial del Estado (BOE, the Official State Gazette).

The Legal Framework of Disciplinary Power in Spain

The sanctioning power of the employer finds its basic regulation in the Real Decreto Legislativo 2/2015, de 23 de octubre, por el que se aprueba el texto refundido de la Ley del Estatuto de los Trabajadores (hereinafter, the Estatuto de los Trabajadores or ET / Workers' Statute).

Specifically, Article 58 of the Estatuto de los Trabajadores establishes that workers may be sanctioned by company management for work-related breaches, in accordance with the scale of faults and sanctions established in legal provisions or in the applicable convenio colectivo (collective bargaining agreement).

This article enshrines several fundamental principles of sanctioning law applied to the workplace:

• Principle of typicity: Only behaviours that have been previously defined as misconduct in the law or, in much greater detail, in the convenio colectivo applicable to the company can be sanctioned.
• Principle of proportionality: There must be a logical correspondence between the severity of the misconduct committed and the severity of the sanction imposed.
• Principle of "non bis in idem": A worker cannot be sanctioned twice for the exact same occurrence.

Classification of Work-Related Misconduct

For a company to impose a sanction, it must first classify the worker's conduct. Collective bargaining agreements classify misconduct into three levels of severity:

1. Faltas leves (Minor misconduct)

These are usually minor oversights or unjustified delays that do not cause serious harm to the company's activity. Common examples include:

• Slight delays in arriving at work (from 3 to 5 times in a month, depending on the agreement).
• Occasional lack of personal hygiene or care.
• Minor neglect in the preservation of work materials.

2. Faltas graves (Serious misconduct)

These involve greater negligence or a repetition of minor offenses. Typical examples include:

• Absence from work without justification for 1 or 2 days in a month.
• Disobedience to work instructions that do not cause serious harm.
• Simulating the presence of another worker (clocking in for a colleague).
• The accumulation of several minor offenses within a specific period (for example, 3 minor offenses in a quarter).

3. Faltas muy graves (Very serious misconduct)

These are the most serious contractual breaches, which jeopardize the viability of the company, the safety of colleagues, or represent an absolute breach of contractual good faith. Article 54 of the Estatuto de los Trabajadores details the grounds that can lead to a despido disciplinario (disciplinary dismissal, the maximum sanction), which are equivalent to very serious misconduct:

• Repeated and unjustified lack of attendance or punctuality at work.
• Indiscipline or disobedience at work.
• Verbal or physical offenses against the employer, coworkers, or their family members.
• Breach of contractual good faith, as well as abuse of trust in the performance of work.
• Continuous and voluntary reduction in normal or agreed work performance.
• Habitual drunkenness or drug addiction if they have a negative impact on work.
• Harassment based on racial or ethnic origin, religion or beliefs, disability, age, or sexual orientation, and sexual harassment or harassment based on sex.

What Sanctions Can the Company Impose?

Depending on the severity of the misconduct and the provisions of the applicable collective bargaining agreement, the company may impose the following sanctions:

• For minor misconduct: Verbal warning or written warning.
• For serious misconduct: Suspension of employment and salary for 1 to 15 days (or whatever the agreement stipulates), or disqualification from promotion for a specified period.
• For very serious misconduct: Suspension of employment and salary for 16 to 60 days, forced transfer to another workplace, disqualification from promotion, or despido disciplinario (termination of the contract without the right to severance pay).

Absolute Prohibitions for the Employer

Article 58.3 of the Estatuto de los Trabajadores establishes two insurmountable limits that the company can never bypass, under penalty of radical nullity of the sanction:

1. No sanctions may be imposed that consist of reducing the duration of holidays or any other reduction in the worker's rights to rest.
2. No "multa de haber" (financial fine) may be imposed. This means that the company cannot financially penalize a worker by reducing their salary if they continue to work. The only way to deduct salary is through a suspension of employment and salary (where the worker does not work and, therefore, does not earn a salary or generate social security contributions during those days).

Statute of Limitations on Misconduct

The company cannot sanction an event indefinitely. Article 60.2 of the Estatuto de los Trabajadores establishes strict limitation periods. If the company imposes a sanction outside these deadlines, the sanction will be null and void if the worker challenges it.

• Minor misconduct: Prescribes 10 days from the date the company became aware of its commission and, in any case, 6 months after it was committed.
• Serious misconduct: Prescribes 20 days from the date the company became aware of its commission and, in any case, 6 months after it was committed.
• Very serious misconduct: Prescribes 60 days from the date the company became aware of its commission and, in any case, 6 months after it was committed (except in exceptional cases of fraudulent concealment by the worker, where the 6-month period can be extended by the judicial doctrine of "full knowledge").

Practical Step-by-Step Procedure to Impose a Sanction

For a sanction to be valid and not be revoked by a judge due to formal defects, the company must strictly follow these steps:

Step 1: Investigation and verification of the facts

Before drafting anything, the company must gather solid evidence (witnesses, time tracking records, emails, audit reports) demonstrating the worker's breach of contract.

Step 2: Opening of a contradictory file (if applicable)

This step is mandatory in three specific situations:

• If the worker is a representante legal de los trabajadores (RLT / legal representative of the workers) or a union delegate (according to Article 68.a of the Estatuto de los Trabajadores). A hearing must be granted to the affected party and the other members of the representation.
• If the worker is a member of a trade union and the company is aware of this (a prior hearing must be granted to the union delegates).
• If the applicable collective bargaining agreement requires it generally for any worker (a very common practice for serious and very serious misconduct).

Step 3: Drafting and delivery of the sanction letter

Sanctions for serious or very serious misconduct must always be communicated in writing. The letter must clearly and in detail contain:

• The precise description of the facts motivating the sanction (dates, times, specific actions). Generic accusations are not valid.
• The date the events were committed and the date the company became aware of them.
• The classification of the misconduct (minor, serious, or very serious) according to the corresponding article of the collective bargaining agreement.
• The sanction being imposed and its effective date.
• The date of delivery and the signature of the company representative.

Delivery must be made in person (asking the worker to sign the "received" copy, which does not imply agreement, only that they have received the document) or, if the worker refuses to receive it, via burofax (a secure registered postal service) with acknowledgment of receipt and text certification sent to the employee's home address.

Step 4: Communication to the workers' representatives

According to Article 64.7 of the Estatuto de los Trabajadores, the company is obliged to inform the staff delegates or works council of all sanctions imposed for very serious misconduct.

Practical Examples with Concrete Figures

To understand the real impact of a disciplinary sanction, let us analyse two common scenarios in the Spanish labour market.

Example 1: Suspension of employment and salary for Javier

Javier works as an administrative assistant in a logistics company under the Collective Bargaining Agreement for Offices and Desktops. His gross monthly salary is €1,800 (which equates to a daily salary of €60, prorating the extra annual payments).

Due to an accumulation of 3 unjustified absences in the same month (classified as serious misconduct by his agreement), the company decides to sanction him with a suspension of employment and salary for 10 days.

• Financial impact for Javier: During those 10 days, Javier will not go to work. The company will deduct the proportional part of the base salary, bonuses, and extra payments from his payroll. The direct economic loss for Javier will be €600 (10 days x €60/day).
• Impact on Social Security: During the 10 days of suspension, the company processes a "special leave" status with the Social Security system (inactivity). The employer is released from the obligation to pay contributions for the worker during that period, and the worker does not generate contributions for retirement or unemployment during those days.

Example 2: Disciplinary dismissal of Elena for reduction in performance

Elena works as a sales representative in a phone shop with a net salary of €1,200 per month. After the company detects that Elena has voluntarily and continuously reduced her sales to less than 30% of her colleagues' average for 4 consecutive months without any medical or technical justification, the company notifies her of a disciplinary dismissal (very serious misconduct).

• Severance pay: As this is a disciplinary dismissal supported by Article 54.2.e of the ET, the severance pay (indemnización) corresponding to Elena is €0.
• Settlement: Elena is entitled to receive her finiquito (final settlement), which will include the days worked in the current month, the proportional part of the unpaid extra payments, and accrued but unused holiday days (for example, if she has 5 days of pending holiday, she will receive the economic equivalent of those days).
• Unemployment benefits: Despite being a disciplinary dismissal, Elena is left in a legal situation of unemployment and will be entitled to claim unemployment benefits (paro) if she meets the minimum contribution period required by the Ley General de la Seguridad Social (LGSS / General Social Security Law).

Mistakes You Must Avoid

Making mistakes in the disciplinary process can have catastrophic consequences for the company, resulting in the sanction being declared null and void in the social courts. Always avoid the following:

• Sanctioning without checking the applicable collective bargaining agreement: Applying the Estatuto de los Trabajadores generically without checking the specific details of the sector's agreement can invalidate the sanction, as agreements often regulate more favourable deadlines or specific procedures that must be observed.
• Using financial fines or taking away holiday days: Deducting money directly from the payroll due to anger or reducing the 30 calendar days of annual holiday is strictly prohibited by Article 58.3 of the ET and is immediate grounds for nullity.
• Drafting generic or vague sanction letters: Writing "you are sanctioned for bad behaviour" without detailing what the worker did, on what day, at what time, and who witnessed it leaves the employee defenceless. In court, the company will not be able to allege facts that were not explicitly detailed in the sanction letter.
• Notifying the sanction out of time: If the company discovers a serious offense today, it has 20 business days to sanction. If it does so on day 21, the offense will have prescribed, and any sanction imposed will be declared null and void by the judge.

Frequently Asked Questions (FAQ)

What can a worker do if they do not agree with a sanction?

The worker has the right to challenge the sanction before the Juzgados de lo Social (Social Courts). The first mandatory step is to file a papeleta de conciliación (conciliation petition) before the regional mediation service (SMAC or equivalent) within 20 business days from the notification of the sanction. If no agreement is reached during the conciliation act, the worker must file a lawsuit in the Social Court (as regulated by the Ley Reguladora de la Jurisdicción Social - LRJS / Law Regulating Social Jurisdiction).

Can the company sanction me for something I did outside of my working hours?

As a general rule, no. The company's power of direction is limited to the time and place of work. However, Supreme Court jurisprudence accepts exceptions if the worker's conduct outside working hours seriously damages the company's image, involves unfair competition, or consists of offenses or assaults against coworkers or clients outside the facilities but directly related to the employment relationship.

Do disciplinary records clear over time?

Yes. Collective bargaining agreements usually establish expiry periods for disciplinary records. For example, it is common for minor offenses to be cleared after 3 months, serious offenses after 6 months, and very serious offenses 1 year after they were imposed, provided the worker has not committed another infraction during that period. Once cleared, they cannot be used by the company to allege recidivism.

Can I refuse to sign the sanction letter delivered by the company?

Yes, you can refuse. However, this will not prevent the sanction from taking effect, as the company can have two eyewitnesses sign to attest that the letter was delivered to you and you refused to sign it, or they can send it to you via burofax. The most advisable course of action for the worker is to sign, writing next to the signature the phrase "No conforme" (Not in agreement) along with the actual date and time of receipt. This proves you received the document (avoiding the appearance of a rebellious attitude) but makes it clear you do not accept the facts, safeguarding your right to challenge it within the 20-day limit.

In Summary

• The company's sanctioning power is regulated by Article 58 of the Estatuto de los Trabajadores and must strictly comply with the provisions of the applicable collective bargaining agreement.
• Misconduct is classified into minor, serious, and very serious, prescribing after 10, 20, and 60 days respectively from the moment the company becomes aware of them.
• It is strictly forbidden to impose sanctions that consist of the loss of holiday days or the imposition of financial fines (direct salary deductions without suspension of employment).
• Any sanction for serious or very serious misconduct must be communicated in writing, exhaustively detailing the facts, dates, and legal classification of the infraction.
• The worker has a limitation period of 20 business days to legally challenge any sanction they do not agree with.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.