Labor lawyer Ignacio de la Calzada has clarified that Spanish workers dismissed for low performance do not have to prove their work was adequate.
De la Calzada said the burden of proof rests entirely on the employer to demonstrate before a judge that an employee's poor performance was both deliberate and continuous.
Under Spain's Workers' Statute, a company seeking to justify a disciplinary dismissal for underperformance must first establish what the normal or agreed performance level was for the position.
The employer must then prove the exact extent of the reduction and show that the drop resulted from intentional conduct by the worker, rather than external factors or temporary difficulties.
The Workers' Statute serves as the primary legislation governing employment relationships in Spain, setting out statutory rules for employment contracts, working conditions, and dismissal procedures.
The legal guidance comes amid a rising volume of employment litigation in Spain's social courts, which handle labor disputes, severance claims, and wrongful termination challenges.
Data from Spanish judicial authorities shows that 164,484 dismissal lawsuits were filed in social courts in 2025, representing a 3 percent increase compared to the previous year.
The upward trend continued into 2026, with 42,572 dismissal claims reaching social courts during the first quarter alone, a 3.5 percent rise over the same period in 2025.
Burden of proof in performance dismissals
De la Calzada emphasized that employers cannot satisfy the legal standard simply by asserting that an employee works less than their colleagues.
While comparisons with other workers may form part of a company's argument, courts require objective evidence that the individual failed to meet established standards.
The lawyer noted that demonstrating continuous underperformance is especially difficult in office roles and white-collar positions where quantifiable targets, clear metrics, or predefined parameters do not exist.
In such cases, companies often struggle to convert work output into concrete figures, making it harder to prove intentional neglect before a judge.
Factors outside the worker's control, such as workplace obstacles or changes in working conditions, must also be evaluated when assessing performance declines.
Legal rights and steps for employees
Under Spanish labor law, a dismissal is classified as fair if the employer proves the statutory cause, while failure to meet the burden of proof results in an unfair dismissal ruling.
An unfair dismissal declaration obliges the company either to reinstate the worker with back pay or to pay statutory severance compensation.
De la Calzada advised workers who receive a dismissal letter citing low performance not to assume automatically that the company's allegations are correct.
Instead of attempting to prove their own competence, employees should preserve their dismissal letter, retain all records of job targets and company communications, and seek labor legal advice within legal deadlines.
Other Spanish legal experts have echoed the emphasis on evidence in termination cases. Labor lawyer Daniel Villalba noted that the key to determining whether a dismissal is legally fair lies in the cause, the context, and the proof.
Separately, labor lawyer Sebastián Ramírez pointed out that severe workplace boredom and lack of stimulation, known as boreout, can also serve as legal grounds for an employee to leave a job while claiming severance pay and unemployment benefits.
The legal analysis was reported by journalist Pablo Martín Henche on September 29, 2026, as Spanish employment courts continue to evaluate claims arising from objective and disciplinary dismissals.
