If you have an employee refusing to follow instructions in Barcelona, it is natural to wonder whether you can issue a warning, suspend them from work without pay or even dismiss them.
The answer depends on the instruction they received, the seriousness of their refusal, whether there is a repeated pattern and, above all, how we document the facts before taking disciplinary action.
At Barcelona Laboral, we are lawyers specialising in workplace insubordination, disciplinary action and dismissals in Barcelona. We advise businesses before they impose a sanction, to prevent a seemingly justified decision from resulting in an unfair dismissal or a sanction being overturned by the courts.
Quick answer: where there is an employee refusing to follow instructions in Barcelona, the company may impose a sanction and even consider disciplinary dismissal when the instruction is lawful and the disobedience is sufficiently serious and blameworthy. Before taking action, we must review the collective agreement, document the facts and comply with procedural safeguards.
What to do when an employee refuses to follow instructions in Barcelona
Article 20 of the Spanish Workers' Statute grants employers management and organisational powers.
Is an employee refusing to follow your instructions and you are unsure how to proceed? We analyse your case, review the documentation and tell you the exact steps to protect your business without making mistakes that could work against you.
The employee must comply with the orders and instructions issued by the company in the regular exercise of those powers.
This means that the company may require compliance with work-related instructions, but not every order is automatically lawful.
Before imposing a sanction, we must check the instruction
We analyse whether the instruction:
- Is related to the employee's work and duties.
- Falls within the employer's powers.
- Complies with the law and the collective agreement.
- Does not infringe fundamental rights.
- Does not expose the employee to a serious and imminent risk.
This prior assessment is important because sanctioning a refusal that was legally justified can seriously harm the company.
Can an employee refuse to comply with an order?
There are situations in which refusal may be justified.
For example, the Occupational Risk Prevention Act recognises an employee's right to stop work when they consider that there is a serious and imminent risk to their life or health.
We must also act with particular caution where the order could involve unlawful conduct, an infringement of fundamental rights or a situation that clearly exceeds the employer's powers.
However, a simple disagreement with an employer's instruction does not allow the employee to ignore it automatically.
When disobedience may justify a sanction
When assessing an employee refusing to follow instructions in Barcelona, we must consider the conduct as a whole.
Not every refusal has the same level of seriousness.
An isolated refusal
Depending on the collective agreement and the circumstances, an isolated incident may justify a warning or another proportionate sanction.
Repeated disobedience
Where there are several unfulfilled lawful instructions and the company can substantiate them, the seriousness may increase.
A particularly serious refusal
A single incident may also be sufficiently serious depending on its consequences, the employee's responsibilities and the specific circumstances.
Therefore, there is no rule requiring us to issue several warnings before dismissal is possible.
Can I dismiss an employee for disobedience?
Yes, where the necessary requirements are met.
Article 54 of the Spanish Workers' Statute expressly includes indiscipline or disobedience at work among the possible breaches that may justify disciplinary dismissal.
However, the breach must be sufficiently serious and blameworthy.
Before proceeding to dismissal, we assess factors such as:
- What instruction they received.
- How it was communicated.
- Whether they were able to comply with it.
- Why they refused.
- Whether there were previous incidents.
- Whether it caused any harm.
- What the collective agreement provides.
The most important step: properly documenting the disobedience
A company may be right on the merits but subsequently lose the case because it cannot prove what happened.
We recommend keeping:
- The specific instruction given to the employee.
- Emails or messages recording it.
- The date and time of the events.
- The employee's response.
- Any witnesses.
- Related previous breaches.
- The consequences for the company.
The disciplinary letter must be based on specific, substantiated facts, not generic statements such as “poor attitude”, “lack of commitment” or “does not follow instructions”.
We must always review the collective agreement
The Spanish Workers' Statute allows companies to sanction breaches in accordance with the classification of offences and sanctions set out in legal provisions and the applicable collective agreement.
The collective agreement may determine which conduct is minor, serious or very serious, and which sanction applies to each.
Therefore, before sanctioning an employee refusing to follow instructions in Barcelona, we check which collective agreement actually applies to the company and the disciplinary framework it establishes.
Take note of the time limits for imposing sanctions
The company cannot let the matter remain unresolved indefinitely either.
Every day that passes without action may weaken your legal position. Contact our employment lawyers in Barcelona and build a solid strategy today for an employee's refusal to comply with orders.
The Spanish Workers' Statute generally provides that offences become time-barred from the date on which the company becomes aware of them:
- Minor: 10 days.
- Serious: 20 days.
- Very serious: 60 days.
In all cases, there is also a general limit of six months from the date the offence was committed.
Important update: a hearing before disciplinary dismissal
This point is currently especially important for businesses.
Under the doctrine established by the Supreme Court from November 2024, before carrying out a disciplinary dismissal we must generally give the employee the opportunity to defend themselves against the allegations made against them.
The aim is to allow them to explain their version of events before the company makes the final decision to dismiss them.
There are exceptions where it cannot reasonably be required of the employer to provide that opportunity, but we do not recommend dispensing with this step without first assessing the case.
Employee representatives and other safeguards
There may also be additional safeguards where the employee is a legal employee representative, is affiliated with a trade union in certain circumstances or where the collective agreement establishes specific procedures.
What mistakes should the company avoid?
When dealing with an employee refusing to follow instructions in Barcelona, the mistakes that create the greatest risk are:
- Dismissing immediately without assessing the seriousness.
- Being unable to prove what instruction was given.
- Applying the wrong collective agreement.
- Sanctioning time-barred incidents.
- Failing to describe the facts properly in the letter.
- Confusing a disagreement with serious disobedience.
- Omitting the prior hearing when considering disciplinary dismissal.
- Failing to identify a potential claim involving fundamental rights.
How we work at Barcelona Laboral
When a company asks us about a case, we follow a very specific process:
1. We analyse the instruction and the facts
We determine whether the instruction was lawful and what actually happened.
2. We review the available evidence
Emails, messages, witnesses, previous incidents and internal documentation.
3. We review the collective agreement
We check how the conduct is classified and the possible sanctions.
4. We assess the proportionate measure
A warning, suspension from work without pay or potential disciplinary dismissal.
5. We prepare the procedure
A prior hearing where applicable, the disciplinary letter and supporting documentation.
Our aim is to ensure that the company does not make a decision first and then seek a legal justification for it.
First we analyse. Then we act.
Conclusion: do not impose a sanction before knowing whether you can defend the decision
Where there is an employee refusing to follow instructions in Barcelona, the company has disciplinary tools available.
It may involve a simple warning, a more significant sanction or even disciplinary dismissal.
But the difference between a defensible measure and a legal dispute often lies in how we have assessed and documented the case before taking action.
At Barcelona Laboral, we specialise in disciplinary disputes, sanctions and employee dismissals in Barcelona. We review the facts, the collective agreement, the evidence and the formal requirements so that the company understands its options before making a decision.
Frequently asked questions about workplace disobedience in Barcelona
What should I do if I have an employee refusing to follow instructions in Barcelona?
First, we must check that the instruction is lawful, document the refusal and review the collective agreement. We can then determine whether a warning, another sanction or potential disciplinary dismissal is appropriate.
At Barcelona Laboral, we examine your case file in detail before recommending any measure. If you have a dispute with an employee over failure to follow instructions, tell us what has happened and we will help you resolve it.
Can I dismiss them directly the first time?
It depends on the seriousness. There is no general requirement to accumulate several warnings before dismissal, but the breach must be sufficiently serious and blameworthy, and the measure must pass a proportionality assessment.
Do I have to hear the employee before dismissing them?
As a general rule, the current Supreme Court doctrine requires a prior hearing before disciplinary dismissal, pursuant to Article 7 of ILO Convention 158, unless the exception applies for situations where it cannot reasonably be required of the employer.
Can an employee refuse on safety grounds?
Yes. Occupational risk prevention legislation recognises the right to stop work where there is a serious and imminent risk to life or health. Before imposing a sanction, we must check whether there is a reason that may justify the refusal.
Can Barcelona Laboral prepare the sanction or dismissal?
Yes. At Barcelona Laboral, we analyse the facts and documentation, review the collective agreement and prepare the disciplinary strategy and the necessary communications according to the case.