An employee repeatedly arrives late, disobeys an instruction, fails to meet their obligations or engages in conduct the company considers serious.
The company wants to act, but an immediate question arises: can we discipline them, what sanction is appropriate and how can we avoid it being overturned later?
If you are looking for how to discipline an employee in Barcelona, the first step is to review the facts, evidence, applicable collective agreement and time limits. Acting too hastily can turn a genuine employee breach into a problem for the company itself.
At Barcelona Laboral, we are lawyers specialising in employment sanctions, disciplinary proceedings and disciplinary dismissals in Barcelona. We advise companies before they communicate a sanction, while there is still time to review the strategy and avoid mistakes.
Quick answer: to establish how to discipline an employee in Barcelona, we must first check whether the conduct is classified in the collective agreement, whether we can prove it, whether the breach is not time-barred and what proportionate sanction the disciplinary framework allows us to impose. For serious and very serious breaches, notification must be made in writing, stating the facts and the date on which they occurred. If we are considering a disciplinary dismissal, there are also additional safeguards that must be reviewed before proceeding.
How to discipline an employee in Barcelona step by step
There is no standard letter that is valid for every employee. The sanction must be based on the specific facts.
Disciplining an employee without following the correct procedure can backfire. Tell us about your case and we will explain how to act with all the necessary legal safeguards.
1. Establish exactly what happened
Before deciding on a sanction, we must be able to explain:
- What the employee did.
- When it happened.
- Which obligation they breached.
- Who witnessed the events.
- What documentation exists.
Emails, time records, internal communications, reports, witnesses or other evidence may be essential.
If the employee challenges the sanction, it will be the company that must prove the facts relied on to justify it.
2. Review the collective agreement
Article 58 of the Workers' Statute allows a company to sanction employment-related breaches, but the specific classification of breaches and sanctions depends largely on the applicable collective agreement.
Conduct may be considered minor, serious or very serious depending on the sector and circumstances.
This is why, at Barcelona Laboral, we review the agreement before recommending a warning, suspension from work and pay, or a possible disciplinary dismissal.
3. Check that the breach is not time-barred
This point is particularly important.
From the time the company becomes aware of the breach, the Workers' Statute sets out:
- 10 days for minor breaches.
- 20 days for serious breaches.
- 60 days for very serious breaches.
In any event, breaches become time-barred six months after they are committed.
For this reason, we do not recommend letting weeks pass while the company informally decides what to do.
4. Choose a proportionate sanction
Not every breach justifies dismissal.
We must consider the seriousness, intent, harm caused, repetition, prior record and the rules of the collective agreement.
The key to determining how to discipline an employee in Barcelona lies in being able to justify both the facts and the proportionality of the measure chosen.
How should a disciplinary letter be drafted?
Sanctions for serious and very serious breaches must be communicated in writing, stating the date and the facts that give rise to them.
A generic letter can leave the company in a very weak position.
What we recommend including
- A specific description of what happened.
- Relevant dates.
- The alleged conduct.
- The applicable rule or collective agreement.
- The sanction imposed.
- The date it is to take effect, where applicable.
It is not enough to use phrases such as “breach of obligations” or “inappropriate conduct”.
We must also be able to prove that the employee received the notification.
What sanctions can a company impose?
This will depend on the collective agreement and the seriousness of the conduct.
Possible measures include:
- A warning.
- Suspension from work and pay.
- Other sanctions validly provided for in the collective agreement.
- Disciplinary dismissal where there is a serious and culpable breach that justifies it.
The Workers' Statute prohibits sanctions that reduce holiday entitlement or rest rights, and also prohibits fines deducted from pay.
When can disciplinary dismissal be considered?
Article 54 of the Workers' Statute sets out various breaches that may justify disciplinary dismissal when they are sufficiently serious and culpable.
They may include:
- Indiscipline or disobedience.
- Repeated and unjustified absences or lateness.
- Verbal or physical offences.
- Breach of contractual good faith.
- A continued and voluntary reduction in performance.
- Certain situations of harassment.
Note the prior hearing requirement before dismissal
We do not currently recommend directly issuing a disciplinary dismissal letter without first reviewing the prior hearing procedure.
The Supreme Court has established that, as a general rule, before a disciplinary dismissal the employee must have the opportunity to defend themselves against the allegations made, in accordance with ILO Convention 158, except where it cannot reasonably be required of the employer.
This procedure must be distinguished from the adversarial procedure applicable to certain employee representatives.
Employees with special protection
Before imposing a sanction, we must also check who the employee concerned is.
Legal employee representatives
Where a member of the works council or an employee representative is to be sanctioned for a serious or very serious breach, the legally required adversarial procedure must be followed.
Employees affiliated with a trade union
If the company is aware of the affiliation and there are trade union representatives under the terms provided by law, we must also review the relevant right to be heard before imposing certain sanctions.
Especially protected situations
Pregnancy, leave related to work-life balance, the exercise of employment rights, trade union activity or possible prior complaints may require us to assess whether there is a risk of an infringement of fundamental rights.
The existence of a protected situation does not prevent a genuine breach from being sanctioned, but it requires particular rigour in justifying the decision.
Mistakes that can overturn a sanction
When a company asks us how to discipline an employee in Barcelona, we usually first review these five risks:
A poorly drafted or time-barred sanction may be declared null and void. Our employment lawyers in Barcelona will review your case before you take the next step.
- Not having sufficient evidence.
- Applying the wrong collective agreement.
- Allowing the breach to become time-barred.
- Imposing a disproportionate sanction.
- Drafting a letter that is too generic.
We must also check any special procedures that apply due to trade union representation, the collective agreement or because the matter involves disciplinary dismissal.
Can the employee challenge the sanction?
Yes.
The employee may challenge the sanction before the labour courts and, as a general rule, has a period of 20 working days.
In Catalonia, the prior conciliation procedure must also be followed where legally required.
In court, the company must prove the alleged facts and their seriousness.
The court may uphold the sanction, revoke it in whole or in part, or declare it null and void in the cases provided for by law.
Should we impose a sanction or try to resolve the conflict first?
The right answer is not always to immediately apply the maximum sanction.
Depending on the case, it may be advisable to:
- Document a warning.
- Meet formally with the employee.
- Clarify instructions.
- Apply a proportionate sanction.
- Prepare disciplinary proceedings.
- Consider dismissal if the seriousness justifies it.
The decision must be made before communicating anything to the employee.
How we help companies at Barcelona Laboral
Our aim is not simply to draft a letter.
When a company needs to decide how to discipline an employee in Barcelona, we assess:
- The facts.
- The evidence.
- The collective agreement.
- The time limits.
- The proportionality.
- Special procedures.
- The risk of a future challenge.
From there, we can prepare the disciplinary notification, negotiate where appropriate or represent the company before the Barcelona Labour Courts.
Conclusion
Knowing how to discipline an employee in Barcelona is not a matter of downloading a letter template and filling in the employee's name.
The company must be able to prove the facts, act within the time limit, comply with the collective agreement and choose a proportionate response.
Where disciplinary dismissal is also being considered, or where the employee has special protection, the requirements increase.
At Barcelona Laboral, we specialise in employment sanctions and disciplinary procedures in Barcelona. If you have a problem involving an employee, we can assess the case before you make a decision that may be difficult to correct later.
Frequently asked questions about employment sanctions in Barcelona
Unsure whether the breach committed justifies a sanction or disciplinary dismissal? Speak directly to an employment law expert and make decisions with legal certainty.