Dismissing an employee for theft in Barcelona: legal guide

Discovering that an employee may be taking money, stock or company property prompts an immediate reaction: dismissal. However, dismissing an employee for theft in Barcelona requires far more than being convinced that the events occurred.

The company must prove a serious and culpable breach, preserve lawfully obtained evidence, check disciplinary time limits, review the collective agreement, currently give the employee an opportunity to defend themselves against the allegations before proceeding with dismissal and, finally, deliver a sufficiently specific letter.

At Barcelona Laboral, we approach disciplinary dismissals from a preventive perspective: before making the final decision, we analyse the facts, evidence, deadlines and applicable formalities to reduce the risk that serious conduct may result in an unfair dismissal due to a procedural defect.

Can you dismiss an employee for stealing from the company?

Yes. The intentional taking of money, products or property may amount to a sufficiently serious breach to justify disciplinary dismissal.

Article 54 of the Workers’ Statute allows the contract to be terminated for a serious and culpable breach.

The expressly provided grounds include:

“Breach of contractual good faith, as well as abuse of trust in the performance of work.”

The intentional misappropriation of company property may fall within this ground.

In employment terms, the breach of trust is particularly important

To assess seriousness, we should not focus solely on the value of what was taken.

In certain situations, courts have found dismissal valid even for low-value products because the central issue was the deliberate breakdown of the trust required in the employment relationship.

In 2026, there are even court decisions examining dismissals for misappropriations of very low economic value and upholding the relevance of breaches of good faith.

This does not mean, however, that any minor irregularity automatically permits dismissal.

We must assess:

• Intent.
• The specific conduct.
• The circumstances in which it occurred.
• The employee’s duties.
• The collective agreement.
• Previous disciplinary record where relevant.
• Possible prior employer tolerance.
• Seriousness and culpability.

What conduct may lead to dismissal for breach of good faith

This is not limited to taking money from a till.

Situations we may need to assess include:

• Theft of cash.
• Misappropriation of stock.
• Theft of company materials or tools.
• Misappropriation of property belonging to customers or colleagues.
• Fraudulent manipulation of cash registers.
• Falsification of receipts or expenses.
• Fraudulent personal use of corporate cards.
• Collecting or diverting amounts due to the company.
• Intentional inventory manipulation.
• Obtaining fictitious refunds.
• Certain cases of extracting or disloyally using confidential information.

Not all of this conduct has the same criminal classification, but in employment terms it may amount to a serious breach of contractual good faith.

What to do before dismissing an employee for theft in Barcelona

When a company asks us how to dismiss an employee for theft in Barcelona, our recommendation is not to start by drafting the letter.

We must first build the case correctly.

1. Preserve the evidence

We must identify what actually proves the facts.

The following may be relevant:

• CCTV footage.
• Witnesses.
• Cash reconciliations.
• Inventories.
• Receipts.
• Invoices.
• IT records.
• Access records.
• Emails.
• Bank transactions.
• Accounting documents.
• Internal reports.

We do not recommend manipulating, editing or altering original documentation.

2. Determine when the company became aware of the facts

This date may be decisive for calculating when the offence becomes time-barred.

We must distinguish between:

• a suspicion;
• general information;
• and the point at which individuals with sanctioning authority have sufficient knowledge of the facts.

3. Review the collective agreement

The collective agreement may expressly classify theft, robbery, fraud or abuse of trust as a very serious offence.

It may also require:

• hearing procedures;
• disciplinary proceedings;
• time limits;
• notice to employee representation;
• or other formal requirements.

4. Check whether special safeguards apply

We must establish whether the employee:

• is a legal employee representative;
• is a trade union representative;
• belongs to a trade union and the company is aware of that membership;
• is in a particularly protected situation;
• has recently brought claims or complaints against the company;
• has used an internal reporting channel;
• or there are circumstances that may create a risk of nullity.

5. Grant a prior hearing

Before making the final dismissal decision, we must inform the employee of the essential charges and allow them to explain their version.

The purpose is for them to be able to defend themselves before the decision to dismiss becomes final.

We must not turn this hearing into a token procedure carried out after the company has already reached a final decision.

6. Assess the representations

The employee may:

• deny the facts;
• provide an explanation;
• identify another responsible person;
• challenge evidence;
• provide documents;
• or fully or partially admit what happened.

The company must assess these representations before deciding whether to maintain dismissal as the sanction.

7. Draft the letter

Only after reviewing all these matters do we recommend formalising disciplinary dismissal, where appropriate.

The prior hearing: the step many companies still overlook

This is currently one of the most important issues when dismissing an employee for theft in Barcelona.

Article 7 of International Labour Organization Convention 158 states that employment should not be terminated for reasons related to conduct or performance without first giving the employee the opportunity to defend themselves against the allegations, unless it cannot reasonably be required of the employer to provide that opportunity.

What the prior hearing must achieve

The company must be able to demonstrate that:

• the employee knew the essential charges;
• they had a genuine opportunity to respond;
• they could submit explanations or evidence;
• and the hearing took place before the final decision.

Must it always be in writing?

The legislation does not currently impose one formal structure for every case.

What truly matters is being able to subsequently prove that the opportunity for defence existed.

For legal certainty, we recommend properly documenting the procedure.

Can we temporarily remove the employee from their role?

Where there is a risk to company property, cash, documents, customers or systems, proportionate preventive measures may be considered while the facts are clarified.

The specific measure will depend on the contract, collective agreement, company organisation and circumstances of the case, and must not be used as a disguised sanction.

Time limit for dismissal: 60 days and a six-month limit

Article 60.2 of the Workers’ Statute provides that very serious offences become time-barred:

• 60 days after the company became aware that they were committed; and
• in any event, six months after they occurred.

The Statute refers to 60 days; it does not state in this provision that these are “60 working days”.

When does the 60-day period actually start?

It does not always coincide with the first rumour or suspicion.

In complex fraud cases, an investigation may be necessary to establish with sufficient precision:

• what happened;
• who was involved;
• what amounts were affected;
• and which employee is actually linked to the facts.

Determining the precise start of the time limit may require analysis of case law and the specific circumstances.

Ongoing or concealed conduct

Repeated theft, accounting fraud or deliberately concealed conduct may raise particular issues in calculating both the short time limit and the maximum limit.

For this reason, we do not recommend mechanically applying “date of the first theft + six months” without examining how the conduct developed and when it ended.

CCTV: can I use cameras to prove theft?

They can be very important evidence, but fundamental rights and data protection rules must be respected.

Article 89 of the LOPDGDD permits employers to process images obtained through cameras in order to exercise workplace monitoring powers within legal limits.

Prior information

As a general rule, employees must be informed in advance of the use of cameras for workplace monitoring purposes in an express, clear and concise manner.

Flagrant unlawful acts

The LOPDGDD itself establishes a specific rule where cameras capture the commission of a flagrant unlawful act.

In that case, the information requirement may be considered fulfilled where, at a minimum, the legally required CCTV information sign is displayed.

There is no general obligation to register cameras in advance with the AEPD

The current data protection regime does not require each CCTV system to be notified to the Spanish Data Protection Agency through prior registration, as was the case under previous data protection frameworks.

This does not remove the remaining obligations concerning information, lawful basis, proportionality, security and retention.

Cameras cannot be installed anywhere

CCTV is not permitted in areas intended for rest or leisure, such as:

• toilets;
• changing rooms;
• canteens;
• and similar places.

Therefore, before basing a dismissal exclusively on a recording, we must review how and where it was obtained.

Can I hire a private investigator?

In certain cases, an investigation by a private investigator may provide relevant evidence, particularly where there is a well-founded suspicion and it is necessary to establish particular conduct.

The investigation must comply with the principles of necessity, suitability and proportionality and must not infringe fundamental rights.

Whether this tool is appropriate depends on the case and the type of conduct being investigated.

How to draft a dismissal letter for theft

Once the investigation and prior hearing have been completed, the letter becomes a key element in dismissing an employee for theft in Barcelona with legal certainty.

Article 55 of the Statute requires dismissal to be communicated in writing, stating:

• the facts on which it is based; and
• the date on which it takes effect.

The facts must be specific

A phrase such as:

“The company has lost confidence in you due to various irregularities detected recently”

is much weaker than a description that correctly identifies:

• what conduct is alleged;
• when it occurred;
• where;
• what property or amounts were affected;
• and how the conduct relates to the employment breach.

The letter defines the scope of future court proceedings

If the employee subsequently challenges the dismissal, the company will essentially have to defend the facts alleged in the notice.

For this reason, we do not recommend vague letters with the intention of “explaining it better at trial”.

Is it mandatory to cite legal provisions?

The Statute mainly requires the facts and effective date to be identified.

Without prejudice to any requirements introduced by the collective agreement, it is advisable to properly substantiate the conduct and check the applicable classification.

However, citing many provisions does not remedy a deficient description of the facts.

How should the dismissal letter be delivered?

We must use a method that makes it possible to prove delivery and content.

Common methods include:

• Personal delivery with acknowledgement of receipt.
• Burofax with certified content.
• Other systems that reliably demonstrate the communication.

If the employee refuses to sign for receipt, that refusal does not automatically make the dismissal ineffective. What matters is being able to prove that the notice was properly made available to them.

Employee representatives: adversarial proceedings

Where the employee is a legal representative or trade union delegate, the Statute establishes special safeguards.

Adversarial proceedings must be opened, in which the person concerned and, where applicable, the other members of the representative body to which they belong must be heard.

This safeguard should not be confused with the general prior hearing that now applies to disciplinary dismissals.

They are different procedures and, where both apply, we must structure the process correctly.

Employees who belong to a trade union

Where the company is aware that the employee belongs to a trade union, Article 55 of the Workers’ Statute also provides for a prior hearing of the trade union delegates of the relevant union section, on the terms legally established.

Therefore, before dismissal we must check the employee’s trade union and representative status.

What happens if the procedure is not followed correctly?

A serious incident alone does not guarantee that the dismissal will be declared fair.

The company may lose the case because:

• it cannot prove the facts;
• it uses unlawfully obtained evidence;
• the offence has become time-barred;
• the letter is insufficient;
• it omits the prior hearing;
• it fails to comply with collective agreement requirements;
• it omits a representative’s safeguards;
• or there are indications of an infringement of fundamental rights.

Fair, unfair or null dismissal

Fair dismissal

Dismissal will be fair where the serious and culpable breach alleged by the company is proven and the applicable formal and procedural requirements have been met.

In that case, the employee is not entitled to dismissal compensation or interim wages.

Unfair dismissal

If the facts are not sufficiently proven or the applicable formal requirements are not met, the dismissal may be declared unfair.

As a general rule, the company may choose between:

• reinstating the employee; or
• paying the corresponding statutory compensation.

The general compensation is 33 days’ salary per year of service, capped at 24 months’ salary, without prejudice to the transitional regime applicable to service accrued before February 2012.

When are interim wages payable?

They do not arise automatically in every unfair dismissal.

Generally, they apply where reinstatement is chosen, in addition to the special rules for employee representatives and other legal cases.

Null dismissal

Nullity arises especially where dismissal is based on discriminatory grounds, infringes fundamental rights or falls within any of the statutory protection cases established by the Statute.

The consequence is immediate reinstatement and payment of lost wages.

A mere formal defect does not automatically make every dismissal null; we must normally clearly distinguish between unfairness and nullity.

Is an employee dismissed for theft entitled to unemployment benefit?

This is a widespread misconception.

Yes, they may be entitled to unemployment benefit.

Dismissal constitutes a legal unemployment situation and the employee does not need to challenge the dismissal in court to apply for the benefit.

They must, of course, meet the remaining contribution and eligibility requirements for unemployment benefit.

Therefore, we must distinguish between:

• Dismissal compensation: this does not apply where disciplinary dismissal is fair.
• Final settlement: the amounts due must still be settled.
• Unemployment benefit: it may be available if the SEPE requirements are met.

What must the final settlement of an employee dismissed for theft include?

The fact that the employee has committed a very serious offence does not allow the company to withhold salary amounts already accrued.

Depending on the case, the final settlement may include:

• Outstanding salary.
• Proportionate extra payments, where applicable.
• Accrued but untaken holiday.
• Other salary items already accrued.

The absence of dismissal compensation should not be confused with settlement of outstanding amounts.

Can the company directly deduct what was stolen from the final settlement?

We must be particularly cautious.

The fact that the company considers a loss proven does not mean it can unilaterally offset any amount without assessing whether there is a liquid, due and payable debt and whether the legal requirements for set-off are met.

Where there is significant financial loss, we recommend separately considering how to claim it.

Can the employee be reported to the police in addition to being dismissed?

Yes. Employment and criminal proceedings may coexist.

Employment proceedings primarily examine the contractual relationship and the validity of the dismissal.

Criminal proceedings examine whether the facts constitute an offence and, where appropriate, the resulting criminal and civil liability.

Not every employment irregularity should automatically become a criminal complaint

Before reporting, we assess:

• The facts.
• The amount involved.
• The evidence.
• Whether it was repeated.
• The method of misappropriation.
• The existence of other responsible persons.
• The loss suffered.
• The company’s objective.

The employment case does not necessarily have to wait for criminal proceedings

The existence of a criminal investigation does not generally mean that dismissal proceedings must be stayed until a final criminal judgment is issued.

These are different jurisdictions, and the effects of criminal preliminary issues must be assessed according to the circumstances of each case.

Can an employee on sick leave be dismissed for theft?

Temporary incapacity does not in itself prevent disciplinary dismissal based on facts unrelated to illness.

However, the company must be able to show that the genuine reason for dismissal is the disciplinary breach and not the employee’s health situation.

This is particularly important following legislative and case-law developments concerning discrimination related to illness and disability.

An investigation documented before dismissal helps to clearly distinguish the two issues.

What happens if the employee had previously made a complaint against the company?

We must exercise extreme caution.

If the employee had submitted:

• a salary claim;
• a complaint to the Labour Inspectorate;
• a legal claim;
• a complaint about discrimination or harassment;
• or a protected report through an internal channel;

there may be a dispute concerning possible retaliation.

The company will have to show that dismissal is based on a genuine disciplinary reason, sufficiently proven and unrelated to that prior action.

How long does the employee have to challenge dismissal?

As a general rule, the employee has 20 working days from dismissal to challenge it.

In Catalonia, prior administrative conciliation is normally required before court proceedings, under the terms of the Labour Jurisdiction Act.

Submitting the conciliation application has the legal effects on the limitation period provided by law.

This means that the company may receive a claim shortly after dismissal and should have all documentation supporting its decision organised from day one.

Common mistakes when dismissing an employee for theft

Dismissing on the same day without giving a hearing

This is currently one of the most significant risks.

The apparent seriousness of the conduct does not automatically remove the requirement for a prior hearing.

Waiting too long to investigate

Disciplinary time limits continue to run.

The investigation must be conducted diligently.

Relying solely on rumours

An internal suspicion is not the same as court evidence.

Manipulating the original recording

Editing only the relevant fragment without properly preserving the original source may create evidential problems.

Using unlawful cameras

Evidence must be obtained in compliance with privacy and data protection limits.

Not reviewing the collective agreement

It may impose additional obligations not expressly set out in the Statute.

Not checking whether the employee is a representative or belongs to a trade union

This may lead to the omission of specific procedures.

Drafting a generic letter

The company must properly describe the facts and not merely rely on concepts such as “loss of trust”.

Believing the final settlement does not need to be paid

Dismissal without compensation does not mean accrued salary amounts disappear.

Telling the employee they cannot claim unemployment benefit

This is incorrect. Dismissal creates a legal unemployment situation if the other requirements are met.

How we handle disciplinary dismissal for theft at Barcelona Laboral

When a company contacts Barcelona Laboral because it suspects misappropriation, we first structure the information before deciding whether there are sufficient legal grounds for dismissal.

We analyse:

• What happened.
• When it happened.
• When the company became aware of it.
• What evidence exists.
• How it was obtained.
• The applicable collective agreement.
• Possible classification of the offence.
• The employee’s representative or trade union status.
• The prior hearing.
• The risk of unfairness or nullity.
• The possibility of claiming the loss.
• Whether criminal proceedings should also be considered.

Only after this analysis do we advise on how to dismiss an employee for theft in Barcelona and what steps should be taken before delivering the letter.

Key legal and case-law sources

To properly assess disciplinary dismissal for misappropriation or theft, we must take into account, among other sources:

• Workers’ Statute: Articles 54, 55, 56, 58, 60 and 68.
• International Labour Organization Convention 158: especially Article 7 on the prior hearing.
• Supreme Court Judgment 1250/2024 of 18 November: change in doctrine on the prior hearing in disciplinary dismissal.
• Subsequent Supreme Court case law: confirmation that the prior hearing is required for dismissals after the change in case law.
• Organic Law 3/2018 on Data Protection: Article 89 on workplace CCTV.
• Labour Jurisdiction Act: regulation of dismissal challenges and the 20-working-day time limit.
• Applicable collective agreement: it may add specific requirements, classifications or procedures.

Legal review date: 18 October 2026.

Conclusion: theft may justify dismissal, but the procedure must be followed correctly

The intentional misappropriation of money or property may amount to a very serious breach of contractual good faith and justify disciplinary dismissal.

But dismissing an employee for theft in Barcelona now requires more than proving that the event occurred.

We must check the lawfulness and strength of the evidence, observe the time limits under Article 60 of the Workers’ Statute, review the collective agreement, identify the employee’s special safeguards, grant a prior hearing and draft the letter correctly.

The aim is to ensure consistency between what happened, what we can prove, what we hear from the employee and what we ultimately allege in the dismissal notice.

At Barcelona Laboral, we help companies prepare this type of disciplinary case before making the final decision and, where there is a challenge, defend the company’s actions in conciliation and before the Employment Courts.