Employment rights of gender violence victims in Spain (2026)

When you leave a violent relationship, work can be both a refuge and a problem: working hours the abuser knows, court appointments that clash with your shifts or the need to move to another city. The law does not force you to choose between your safety and your job. In this guide we explain, with the provisions in force in October 2026, what rights you have, how to request them and what document you need to prove your situation.

Where these rights come from

The starting point is article 21 of Organic Law 1/2004 on Comprehensive Protection Measures against Gender Violence (Ley Orgánica 1/2004, de Medidas de Protección Integral contra la Violencia de Género), which grants the employee who is a victim the right to reduce or rearrange her working time, to geographical mobility, to a change of workplace, to adaptation of her job, to suspension with her job held open and to termination of the contract. The detail of each right is set out in the Workers’ Statute (Estatuto de los Trabajadores, ET) and the financial protection in the General Social Security Act (Ley General de la Seguridad Social, LGSS).

Since the reforms introduced by Organic Law 10/2022 and Organic Law 2/2024, most of these rights also extend to victims of sexual violence, and some (working hours and mobility) to victims of terrorism.

Your employment rights, one by one

1. Reduced or rearranged working hours and remote working (art. 37.8 ET)

You can request:

• Reduced working hours, with a proportional reduction in salary.
• Rearranged working time: a change of schedule, flexible hours or other arrangements used in the company (for example, so as not to coincide with the abuser on your usual journeys).
• Working fully or partly remotely, or stopping doing so if you already worked from home and your home is no longer a safe place, provided this is compatible with your job.

The specific arrangement is set first by collective agreement or by agreement with the company. If there is no agreement, it is for you to decide the details, and disagreements are resolved through the urgent court procedure provided for work-life balance claims.

2. Geographical mobility and change of workplace (art. 40.4 ET)

If you need to leave your job in the town where you work in order to protect yourself, you have a preferential right to fill another vacant post in the same professional group or equivalent category at any other workplace of the company. The company must inform you of existing vacancies and any that arise.

• The transfer initially lasts between six and twelve months, with your previous job held open.
• At the end, you choose: return, stay in the new post or terminate the contract with compensation of 20 days’ salary per year of service, up to a maximum of 12 months’ pay.

3. Suspension of the contract with your job held open (arts. 45.1.n and 48.8 ET)

If you are forced to leave your job temporarily, you can suspend the contract. During the suspension you do not work or receive a salary, but you keep your job.

• Initial duration: up to six months.
• Extension: if the court proceedings justify it, the judge can extend it for periods of three months, up to a maximum of eighteen months.
• During that time you can receive unemployment benefit (art. 267.1.b.2 LGSS) and the period counts as actual contributions for retirement, incapacity, unemployment and other benefits (art. 165.5 LGSS).

4. Termination of the contract (art. 49.1.m ET)

If you need to leave work permanently, you can terminate the contract on your own initiative. It does not give rise to compensation, but it does count as a legal situation of unemployment (art. 267.1.a.5 LGSS), which is not the case with an ordinary voluntary resignation. That is why it is important that your notice to the company expressly states that you are terminating the contract because you are a victim of gender violence.

5. Absence and lateness (art. 21.4 LO 1/2004)

Absences or lateness caused by your physical or psychological condition resulting from the violence are considered justified and paid when the social care services or health services so determine. You must notify the company as soon as possible.

6. Protection against dismissal (arts. 53.4.b and 55.5.b ET)

Dismissal of an employee who is a victim of gender or sexual violence for exercising her right to judicial protection or any of the rights above is null and void. Nullity means compulsory reinstatement and payment of the wages lost. In addition, if the violence affects you during your probationary period, the period is interrupted where both parties agree (art. 14.3 ET).

Summary of rights and their effects

If you are self-employed

If you stop your activity to protect yourself, article 21.5 of LO 1/2004 treats you as being in temporary cessation of activity: your obligation to pay contributions is suspended for six months, which count as paid contributions, and you are treated as if you were still registered. The contribution base will be the average of the previous six months.

In addition, gender or sexual violence is a ground for a legal situation of cessation of activity (art. 331 LGSS), which gives access to the cessation of activity benefit for the self-employed. It is proved by a written statement that you have ceased or interrupted your activity, together with one of the documents listed in article 23 of LO 1/2004 (art. 332 LGSS).

If you are a civil servant

Articles 24 to 26 of LO 1/2004 refer to public service legislation. The Basic Statute of Public Employees (Estatuto Básico del Empleado Público, TREBEP) provides for:

• Justified absences, total or partial, for the time and under the conditions determined by social or health services, and reduced or rearranged working hours (art. 49.d).
• Transfer to another post in your corps or grade with similar characteristics, without it needing to be a vacancy that must be filled; it is treated as a compulsory transfer (art. 82).
• Leave of absence (excedencia) with no minimum period of prior service: your post is held open for the first six months (extendable for periods of three months up to eighteen) and you receive full pay for the first two months (art. 89.5).

How to prove that you are a victim

Under article 23 of LO 1/2004, any of these documents will do:

1. A conviction for a gender violence offence.
2. A protection order or any other court decision ordering a precautionary measure in your favour.
3. A report from the Public Prosecutor’s Office (Ministerio Fiscal) indicating that there is evidence.
4. A report from the social services, specialised services or shelter services of the competent authority.

The last point is important: you do not need to have filed a complaint to prove your situation to your employer if you have a report from the specialised services. To receive unemployment benefit after a suspension or termination, the State Public Employment Service (SEPE) will ask for the company’s written notice together with the protection order or, failing that, one of those documents (art. 267.3 LGSS).

If you are not entitled to the contributory benefit, there is a specific allowance for victims of gender or sexual violence (58th additional provision LGSS), lasting a maximum of thirty months if you meet the income requirements. You will find more information in our guide to financial aid for victims of gender violence.

How to request them, step by step

1. Obtain the supporting document: if you already have a protection order, keep a copy of the court order. If not, go to the specialised services or the Victim Support Office (Oficina de Atención a la Víctima).
2. Request the right in writing, stating the article that grants it and the date from which you want to exercise it. Keep proof of delivery.
3. If the company refuses, seek advice as soon as possible: time limits in the employment courts are very short.

Frequently asked questions

Do I need a protection order to exercise these rights?

Not necessarily. Article 23 of LO 1/2004 also accepts a judgment, another precautionary measure, a report from the Public Prosecutor’s Office or a report from the social, specialised or shelter services. This allows you to prove your situation even if you have not yet filed a complaint, although for some benefits the SEPE may require specific documents.

How long can I suspend my contract?

The suspension initially lasts up to six months. If the court proceedings show that your protection requires more time, the judge can extend it for periods of three months up to a maximum of eighteen. During the suspension you keep your job, you can receive unemployment benefit and the time counts as contributions paid.

Can my employer dismiss me for missing work?

Absences or lateness resulting from the violence that the social or health services consider justified are justified, paid absences, so they cannot be penalised. Dismissal for exercising your rights as a victim is null and void, which obliges the company to reinstate you and pay you the wages accrued during the proceedings.

If I leave my job, will I get unemployment benefit?

Yes, if you terminate the contract under article 49.1.m of the Workers’ Statute. Unlike an ordinary voluntary resignation, this termination is a legal situation of unemployment. You will need the written notice to the company and the protection order or one of the documents listed in article 23 of LO 1/2004.

Can my employer tell other colleagues about my situation?

It should not. This is particularly sensitive data and the company must treat it confidentially. If you have a restraining order (orden de alejamiento), it may be necessary to inform security or reception to prevent the abuser from entering, but only to a limited extent and with your knowledge.

Exercising these rights often goes hand in hand with criminal proceedings and, in many cases, a restraining order or a divorce involving gender violence. If you would like us to review your case and help you obtain the supporting document or bring a claim against your employer, you can write to us from our page on defending women who are victims of gender violence or call 607 449 491, available 24 hours a day.