If your foreign employer stops allowing you to work from Spain

Key rules

• Refusing: Refusing a lawful instruction to leave can cost you your job, so get legal advice first.
• Spanish protection: A foreign-law contract cannot remove the mandatory dismissal protections of the country where you habitually work.
• Tax residency: Losing the foreign job does not by itself end your Spanish tax residency.
• Unemployment benefit: Without Spanish contributions you normally cannot claim Spanish unemployment benefit.

You have six options

If permission is withdrawn, you can:

• return to the place your employer allows;
• ask for a limited exception, reduced time or unpaid leave;
• move to an employer of record or a Spanish contract;
• work as a contractor or autónomo, only if the work is genuinely independent;
• resign;
• negotiate an exit with severance.

The decision block below helps you choose. Each option changes your visa, tax and Social Security position, so get legal advice before you refuse an instruction.

What happens if you refuse to leave

Refusing a lawful instruction can lead to disciplinary dismissal. This applies if your contract places the work elsewhere and the refusal counts as a serious breach. Whether the instruction was reasonable depends on your contract and on past practice.

If the employer dismisses you without proper cause or procedure, the dismissal is unfair. You then get severance or readmission. A dismissal that breaches your fundamental rights is void.

A foreign contract does not remove Spanish protection

Your contract may choose a foreign law. That choice cannot remove the mandatory protections of the country where you habitually work, which is usually Spain. Spanish courts generally have jurisdiction if you habitually work in Spain. If the foreign law is more favourable to you, it applies instead. The timeline below gives the notice periods and severance amounts.

Effects on your status, tax and Social Security

• Tax: Losing the job does not by itself end your Spanish tax residency. That depends on your days in Spain and your ties here. Your obligations as a resident continue.
• Visa: If your permit depends on the job, such as a digital nomad visa or a work permit, it is usually affected. It may be cancelled or not renewed once the conditions end. Another permit category may be possible. Rules differ by permit type, so check yours. EU citizens can stay as job seekers.
• Unemployment benefit: The prestación por desempleo needs prior contributions in Spain. If your foreign employer paid you and you did not contribute here, you normally cannot claim it.
• Social Security: Your cover ends when you stop working. You can keep it with a convenio especial or by registering as an autónomo.

Before you decide

Get any instruction, exception or exit offer in writing. Compare the options against your visa type and your Spanish contribution record. Then see a Spanish employment lawyer before you sign or refuse anything.

Choosing between options

What do you do when your employer no longer allows you to work from Spain?

• Return to the permitted location: Fits if you want to keep the job on its current terms and can move.

• Negotiate an exception, reduced time or unpaid leave: Fits if you want to stay in Spain and the employer is open to a limited arrangement.

• Move to an employer of record or a Spanish contract: Fits if the employer wants to keep you but cannot allow foreign-law work from Spain.

• Become a contractor or autónomo: Fits only if your work is genuinely independent.

• Resign or negotiate an exit with severance: Fits if you do not want to leave Spain or keep the job.

If you habitually work in Spain, Spanish dismissal protection can apply, so negotiate an exit with severance before you resign or refuse. If your permit is tied to the job, check its future before choosing.

Timeline and deadlines

• Get the dismissal reasons in writing for a disciplinary dismissal: when the employer dismisses you for refusing to leave Spain

• Receive notice for an objective dismissal: at least 15 days before the contract ends

• Severance for objective dismissal: 20 days' salary per year worked, capped at 12 months: when the contract ends

• Severance for unfair dismissal: 33 days' salary per year worked, capped at 24 monthly payments, or readmission: if a court finds the dismissal unfair

• Check whether you have 360 days of Spanish contributions for unemployment benefit: within the previous six years, before you apply

What to watch out for

• Refusing to leave can cost you your job: If your contract places the work elsewhere and you refuse a lawful instruction to leave Spain, the employer may dismiss you for serious disobedience, and you may get no severance. Get legal advice before refusing, and ask in writing for a limited exception, reduced time or unpaid leave first.

• Dismissal without proper cause or procedure: A dismissal without cause or procedure is judged unfair and gives you severance or readmission. A dismissal that breaches your fundamental rights is void. Keep the dismissal letter and your contract, and ask an employment lawyer or your town hall's labour advice service whether to challenge it.

• Each exit option has tax, visa and Social Security effects: Resigning, becoming self-employed or moving to a local contract each changes your tax, permit and Social Security position, and a job-tied permit may be cancelled. Check the effect on your permit and contributions before you sign anything or resign.

Outcomes depend on your contract, governing law and the court's view; get legal advice before refusing an instruction.

Frequently asked questions

Can I claim Spanish unemployment benefit if my foreign employer ends my job?

Usually no, because Spanish unemployment benefit (prestación por desempleo) needs prior contributions in the Spanish system. You generally need at least 360 days in the previous six years, so a worker paid abroad who does not pay into Spanish Social Security normally cannot claim it.

Does losing my foreign job end my Spanish tax residency?

No, losing the foreign job does not by itself end your Spanish tax residency, which depends on your days in Spain and your ties here. Your tax obligations as a resident continue, so keep filing while you sort out your next step.

Does my visa stay valid if I lose the job it was tied to?

Usually not for long, because a non-EU permit tied to the job, such as the digital nomad visa or a work permit, may be cancelled or not renewed once its conditions end. You can look at another permit category.

Can I keep Social Security cover if I stop working?

Your Social Security status ends when there is no activity, but you can keep cover through a voluntary agreement (convenio especial) or by registering as an autónomo, which is Spain's self-employed status.

Which country's dismissal rules apply if my contract is under foreign law?

If you habitually work in Spain, Spanish courts can apply Spanish dismissal rules even when the contract names a foreign law. Foreign law applies instead only where it protects you more.