The guarantee of indemnity
The guarantee of indemnity prevents the exercise of legal proceedings — or any acts leading up to them — from resulting in reprisals against those who exercise such rights.
In the field of employment law, Belzuz Abogados, S.L.P. and its team of lawyers specialising in employment law confirm that this guarantee severely penalises employers who take retaliatory measures arising from an employee’s pursuit of legal action in defence of their rights.
In this regard, Law 5/2024 of 11 November, on the Right to Defence, stipulates that “Workers are entitled to indemnity against any adverse consequences they may suffer as a result of taking any action leading to the exercise of their rights of defence”.
Which actions are expressly protected by the guarantee of indemnity?
In light of the above, we know that every worker is protected by this guarantee in the event that the adverse measure may be related to a legal claim brought against the company, a complaint lodged with the Labour Inspectorate or, in the opinion of Belzuz Abogados, S.L.P., the sending of a registered letter with acknowledgement of receipt to the company asserting a right and warning of the possibility of bringing legal claims in defence of that right.
What are the consequences?
The main consequence is that the adverse measure taken by the company (usually dismissal) must be rendered null and void. If the adverse measure is a dismissal, and it is proven that the dismissal is the result of retaliation against the employee, the dismissal would almost certainly be declared null and void by the Court of First Instance, and would entail the reinstatement of the employee with the payment of back pay. On this point, there is a wealth of case law from the Supreme Court (see, for example, the Supreme Court judgement of 5 July 2013).
Does the guarantee of immunity also apply when the dismissal is the result of a dispute with the employee?
The judgement under consideration provides an exhaustive analysis of this issue and concludes that the guarantee of immunity cannot turn any labour dispute into absolute protection against dismissal or against legitimate business decisions. The employee’s conduct must be recognisable as the exercise of rights, a legal claim, a preparatory act in defence, or at least a clear demonstration of dissent, which would already suggest a possible intention to challenge the employer’s measure in the future.
In short, an internal complaint or dissent regarding the employer’s decision may be protected, but it must have sufficient legal substance. Mere discontent, a generic protest or an ambiguous conversation is not sufficient.
| ITEM | SUMMARY |
| Main Topic | Application of the guarantee of indemnity in dismissals arising from labour disputes or disagreements. |
| Case Law / Reference Judgment | Judgment of the Supreme Court (STS) of 23 June 2026.
(Supplementary case law: STS of 5 July 2013). |
| Current Regulatory Framework | Law 5/2024 of 11 November on the Right to Defence (recognises the right to indemnity against adverse consequences arising from acts of defence). |
| Protected Acts (With legal substance) |
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| Legal Effect of Dismissal in Retaliation | Declaration of nullity of the dismissal, entailing the immediate reinstatement of the employee and the payment of wages lost during the proceedings. |
| Ruling of the Supreme Court of 23 June 2026 | The guarantee of indemnity is not an absolute shield. Not every dispute renders a dismissal void; the employee’s conduct must be formally recognised as an exercise of their rights. |
FAQ
What happens if a dismissal is carried out in retaliation for asserting one’s rights?
The dismissal is declared null and void, obliging the company to reinstate the employee and pay the wages accrued during the proceedings.
Does any dispute or complaint at work protect the employee against dismissal?
No. According to the Supreme Court ruling of 23 June 2026, the complaint must have legal substance (registered letter with acknowledgement of receipt, formal complaint, legal claim). Informal protests or mere dissatisfaction do not trigger the guarantee of indemnity.
Which law expressly refers to the guarantee of indemnity in the workplace?
Law 5/2024 of 11 November on the Right to Defence.
At Belzuz Abogados, S.L.P., as expert employment lawyers with extensive experience in providing comprehensive legal advice, we recommend that companies contact a trusted legal service to assess whether, in the event of a specific dispute, an employee may or may not claim that the dismissal is null and void under the guarantee of indemnity. Employment Law Department at Belzuz Abogados, S.L.P.