Mutual termination agreement for an employment contract (Spain)
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For an employer and an employee in Spain who decide together to end the employment contract (art. 49.1.a of the Spanish Workers' Statute). It sets the termination date, any compensation they agree, the settlement of what is owed up to that day (pay, extra payments, holidays) and the return of company property. Ending a job by mutual agreement gives no right to Spanish unemployment benefit. Both sides sign, each keeping a copy. In Spanish.
- Made for use in Spain
- Last updated October 20, 2026
Published byDocMuse
When to use this document
- You and your employer in Spain have agreed to end your job by mutual agreement.
- As an employer, you have agreed with a member of staff that they will leave on a set date for a payment.
- You want to leave without working the full notice and the company agrees to set a date together.
- You want the leaving date, any payment and the return of the work laptop written down and signed by both.
What you fill in
The details the document asks for.
- City
- Date
- Person signing for the employer
- DNI or NIE of the person signing for the employer (Spanish identity number)
- Capacity in which they sign (e.g. sole director, or owner if the employer is an individual)
- Employer (company name or, for an individual, full name)
- Employer's NIF (Spanish tax number)
- Employer's address (registered office, for a company)
- Company's entry in the Spanish Registro Mercantil (if any)
- Employee
- Employee's DNI or NIE (Spanish identity number)
- Employee's address
- Start date
- Position
- Date of the contract
- Date of termination
- Agreed compensation in words, in Spanish (e.g. “mil euros”)
- Agreed gross compensation, in euros (if any)
- Company property the employee returns (e.g. laptop, keys), if any
- Additional terms
Common questions
- Can you claim unemployment benefit in Spain after a mutual termination?
- No. Ending a contract by mutual agreement is not one of the legal situations of unemployment listed in art. 267 of the Spanish General Social Security Act, so, like resigning, it gives no right to contributory unemployment benefit. Dressing up an agreement as a dismissal to draw benefit is a very serious offence for both the employer and the employee, who must repay what was received.
- Is severance due when a job in Spain ends by mutual agreement?
- The law sets none: art. 49.1.a of the Spanish Workers' Statute only recognises mutual agreement as a ground for termination, and any compensation is whatever the parties agree. Apart from that, the employee is entitled to the settlement of what is owed up to the termination date — pay, the proportional part of the extra payments and holidays not taken — recorded in the finiquito.
- How does a mutual termination differ from resigning or being dismissed in Spain?
- In a resignation only the employee decides, giving the notice set by the collective agreement or local custom; in a dismissal the employer decides, in writing, and the employee has twenty working days to file for conciliation if they disagree. In a mutual termination both sides decide and set the date and terms together. Neither resignation nor mutual termination gives unemployment benefit; a dismissal can.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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