Disciplinary dismissal and unemployment benefit
Updated: October 2026Sources: Estatuto de los Trabajadores (BOE) · CGPJ guide v0.6 · Ley General de la Seguridad Social (BOE) · SEPE amountsWho is behind this
It does give unemployment benefit, even if the dismissal is fair
It is a common question, and the answer is in the law: dismissal is a legal situation of unemployment (art. 267.1.a.3.º LGSS), and to receive unemployment benefit (paro) there is no need to challenge it (art. 268.4 LGSS). It makes no difference that the dismissal is disciplinary or that it is declared fair (procedente).
What you do need is the usual: 360 days of contributions in the last 6 years, to register as a jobseeker and to sign the activity agreement (acuerdo de actividad), among other requirements (art. 266 LGSS).
Arts. 267 · 268.4 LGSS
Which ways of leaving a job give unemployment benefit
Disciplinary dismissal (despido disciplinario)
It gives unemployment benefit. Disciplinary dismissal is also a legal situation of unemployment, even if it is not challenged (arts. 267.1.a.3.º and 268.4 LGSS).
Unfair dismissal (despido improcedente)
It gives unemployment benefit. Dismissal is a legal situation of unemployment (art. 267.1.a.3.º LGSS).
Objective-grounds dismissal (despido objetivo)
It gives unemployment benefit. Objective-grounds dismissal is a legal situation of unemployment (art. 267.1.a.4.º LGSS).
End of a fixed-term contract
It gives unemployment benefit. The end of a fixed-term contract is a legal situation of unemployment, unless you ended it yourself (art. 267.1.a.6.º LGSS).
Resignation (baja voluntaria)
It does not give unemployment benefit, with some exceptions. Leaving the job by your own decision is not a legal situation of unemployment (art. 267.2.a LGSS).
The exceptions for resignation, such as a relocation or serious non-payment, are in Is there unemployment benefit if you resign?.
Art. 267 LGSS
Worked example
A person earning 1.500 € gross a month with two extra payments of 1.500 € works from 1 June 2022 to 30 September 2026, with no dependent children, and the employer dismisses them on disciplinary grounds.
Their unemployment benefit With 1.583 days of contributions, they are entitled to at least 480 days of unemployment benefit (16 months): about 1.225 € a month for the first 6 months and about 1.050 € after that, gross. “At least”, because other jobs in the last 6 years can add days.
If the dismissal were declared unfair, there would also be severance pay: you will find it in Unfair dismissal.
Frequently asked questions
Do I get unemployment benefit after a disciplinary dismissal?
Yes. Dismissal is a legal situation of unemployment (art. 267.1.a.3.º LGSS), and the law adds that you do not need to challenge it to receive unemployment benefit (art. 268.4 LGSS).
Can I be refused unemployment benefit because of a disciplinary dismissal?
Not because of the type of dismissal. What is required are the usual requirements: 360 days of contributions in the last 6 years, registering as a jobseeker and signing the activity agreement (acuerdo de actividad), among others (art. 266 LGSS).
Which ways of leaving a job do not give a right to unemployment benefit?
Leaving your job by your own decision, except in cases such as a relocation or serious non-payment by the employer (art. 267.2.a and 267.1.a.5.º LGSS), and the end of a fixed-term contract that you ended yourself (art. 267.1.a.6.º LGSS).
Is there severance pay for a disciplinary dismissal?
If it is declared fair, no (art. 55.7 ET). If it is declared unfair, it is calculated as an unfair dismissal, at 33 days per year (art. 56 ET). You are entitled to the final settlement in any case.