If you are experiencing a stripping of duties in Spain, it is normal to feel confused: you are still getting paid, but they do not give you any work, they set you apart from the team, and each day feels heavier. Before resigning or accepting a rushed exit, speak to an employment lawyer. You can contact Fernanda Vargas via WhatsApp or book a consultation on Calendly.

In this article we are going to look at it through a specific story: Ahmed’s. Not to dramatize, but so that you can recognize the signs, gather evidence, and make decisions without losing your rights.

“We’ll give you something”: Ahmed’s return to work

Ahmed is 34 years old. He works as a support technician at a software company in Málaga and has been there for five years. Until now, his evaluations have been good. He has assigned clients, takes part in the team channel, and uses the incident management system every day.

After his birth leave, he returns to the office expecting to resume his role. But something has changed.

His clients have been reassigned. He no longer has access to the incident management system. He has been removed from the team channel. His desk is no longer with his colleagues, but in a separate area. When he asks what he should do, his manager replies: “we’ll give you something”.

One week passes. Then two. Then a month. Finally, three months go by with no real tasks. Ahmed is still being paid his gross salary of €2,000 per month, a figure used purely for illustration in this story. But he stops receiving meeting invitations, his colleagues avoid speaking to him, and his manager hints that “it might suit him to look for something else”.

At first Ahmed thinks: “if they are paying me, maybe I cannot complain”. But something does not add up. He is not resting. He is being pushed aside. He is losing practice, visibility, and professional confidence. And that matters in employment law.

Being paid without working is not a lucky break: what the right to actual work is

The key idea is this: your employment contract does not just mean that the company pays you. You also have the right to actually work, to carry out your profession, and to maintain your qualifications.

In Ahmed’s case, being paid every month does not solve the problem. If for months he is not assigned incidents, is not allowed into the tools, is not called to meetings, and is left out of the team’s normal activity, his role is being emptied of content.

That right is called actual work (ocupación efectiva). It means that the company must give you real work within your employment relationship. It is not enough to keep you sitting there, available and being paid, if in practice it prevents you from performing your duties.

Within the employment relationship, workers have the right: a) To actual work. b) To professional promotion and training at work, including training aimed at their adaptation to changes made to the position, as well as the development of training plans and actions intended to promote their greater employability.

Translated into everyday life: if they deliberately leave you without tasks for a prolonged period, it does not only affect your emotional income. It affects your career. You lose experience, contact with clients, knowledge of tools, opportunities to learn, and possibilities for promotion.

That is why actual work is connected to training and professional promotion. If Ahmed spends three months excluded from the incident management system, he is not adapting to changes in the role, he is not maintaining his technical level, and he cannot demonstrate performance. Even if the payslip arrives, his professional development deteriorates.

When leaving you without tasks is illegal and when it is not

Not every lack of work is automatically illegal. There are companies with peaks and valleys in activity. A project may end, orders may fall, or there may be a genuine reorganization. If the lack of tasks is temporary, objective, and explained, it does not necessarily amount to a serious breach.

Imagine that Ahmed returns and for a few days he has no clients because the team is redistributing incidents. His manager explains it to him, keeps him in meetings, maintains his access, and assigns him training or transition tasks. That scenario is very different.

The problem arises when the company is not managing a genuine downturn in work, but is instead sidelining one person. In Ahmed’s case there are several signs: they take away his clients, remove his access, take him out of the team channel, exclude him from meetings, place him physically apart, and suggest that he should look for something else.

To distinguish a temporary lack of workload from a stripping of duties, look at these questions:

• Has the company explained an objective reason to you, or does it only tell you that it will give you something?
• Does the situation last a few days, or does it continue for weeks or months?
• Do you keep your access, tools, and meetings, or are they gradually disconnecting you from real work?
• Is there less work for the whole team, or have only you been left without tasks?
• Are you offered reasonable alternative tasks, or are you simply left waiting?
• Is the lack of duties accompanied by isolation or pressure for you to leave?

The more the answers point to isolation, duration, and lack of explanation, the more the situation looks like a breach by the company. And if it also happens just after exercising a right, such as birth leave, the seriousness increases.

After birth leave: when stripping of duties is discrimination

Ahmed’s story does not happen at just any time. It happens when he returns from his birth leave. That detail is very important.

The law protects against unfavorable treatment of women or men for exercising rights of work-life balance or shared family and work responsibilities. In other words, it not only protects the right to request or take this leave; it also protects you from being penalized for having exercised it when you return.

In Ahmed’s case, the timeline is a strong indication: before the leave he had good evaluations and real duties; when he returns, they take away his clients, tools, and presence within the team. That makes it possible to argue that this is not only a lack of actual work, but also unfavorable treatment connected to work-life balance.

When there are indications of discrimination, a claim can be brought through the procedure for the protection of fundamental rights. In that procedure, once indications have been provided, it is for the company to show that its decision has a justification unrelated to discrimination.

In addition, in a case like this it is possible to seek compensation for non-material damage. Non-material damage is harm that is not strictly economic: distress, loss of dignity, uncertainty, isolation, or personal impact arising from a violation of fundamental rights. The amount should not be assumed in advance: it will depend on what is claimed, the evidence, and what the judge considers.

Is it workplace harassment? Actual work and dignity

Ahmed starts to feel invisible. His colleagues no longer message him. He is not invited. He is at a desk set apart. His manager does not give him work, but sends him messages such as “it might suit you to look for something else”.

It is understandable for Ahmed to ask himself: “is this workplace harassment?” The responsible answer is: it may be, but not every stripping of duties is harassment.

The law recognizes the right to respect for privacy and due consideration for dignity, and also protection against certain forms of harassment. A stripping of duties can violate dignity if it places you in a humiliating situation, in isolation, or under pressure. But to speak of harassment, the overall conduct has to be analyzed: whether it is systematic, whether it seeks to isolate or humiliate, whether it is prolonged, and how it is carried out.

That is why it is important not to label the case too quickly. There can be a stripping of duties without harassment. And there can also be a stripping of duties that forms part of workplace harassment. If you suspect that there is also harassment, this guide on the workplace harassment protocol in Spain may help you.

In practice, the aim is not to put on a striking label. The aim is to prove what is happening: what duties you had, what has been taken away from you, since when, who decided it, how it affects you, and whether there is a link to a leave, sick leave, a complaint, or any other exercised right.

How to gather evidence: what Ahmed did

Ahmed gets one thing right: he does not limit himself to complaining verbally. He starts to keep evidence.

He keeps the emails in which his access is removed. He takes screenshots of the team calendar to show that he is no longer being invited. He notes down each day whether tasks are assigned to him or not. He keeps previous evaluations, where it is recorded that his performance was good. He also identifies colleagues who have seen how he has been sidelined.

In stripping-of-duties situations, evidence is usually built from many small details. One on its own may seem insufficient. All of them together can show a clear timeline.

These are especially useful forms of evidence:

• Emails and messages communicating the removal of duties, clients, projects, or access.
• Calendar screenshots or invitations showing that you used to take part and now you do not.
• Proof of withdrawn access to systems, tools, channels, or platforms needed to work.
• Changes in the organizational chart or internal communications where you appear displaced or disappear from the team.
• Previous performance evaluations, especially if they were positive.
• Witnesses who have seen the removal of tasks, the isolation, or the pressure comments.
• A diary with dates: what happened, who was there, what you asked for, and what response you received.
• The timeline in relation to the leave: what duties you had before, what happened on your return, and what changed afterwards.

That diary does not have to be literary. It must be clear. For example: “Monday, I asked for tasks by email; no reply”, “Tuesday, weekly team meeting without inviting me”, “Wednesday, access to the incident management system denied”. Dates, facts, and documents.

Your options: recover your duties or leave with compensation (art. 50)

When Ahmed understands that being paid does not eliminate the problem, he has to decide on a strategy. Not everyone wants the same thing. Some want to recover their role. Others, after months of strain, prefer to leave, but without giving away their rights.

The first option is usually to request reinstatement of duties in writing. In other words, to formally ask for the return of real tasks, access, clients, meetings, and tools consistent with your role. Doing it in writing helps to leave a record that you are available to work and that you have communicated the problem.

The second option is to bring a court claim so that the violation is recognized and reinstatement of duties is ordered. If there are also indications of discrimination because of birth leave, it is possible to seek the protection of fundamental rights and compensation for non-material damage.

The third option, if the situation is serious and you no longer want to continue, is to ask the judge to terminate the contract due to a breach by the company. Here lies the decisive difference: you do not resign. You do not submit a voluntary resignation. You ask for the judge to declare the employment relationship terminated due to a serious breach by the company.

Any other serious breach of his obligations by the employer, except in cases of force majeure […].

This route is based on article 50.1.c of the Workers’ Statute (Estatuto de los Trabajadores). If the judge rules in the worker’s favor, article 50.2 recognizes the right to the compensation established for unfair dismissal.

The compensation for unfair dismissal, under article 56.1, is equivalent to 33 days’ salary per year of service, with periods shorter than one year calculated pro rata by month, up to a maximum of 24 monthly payments. In Ahmed’s story, with five years of seniority, that amounts to approximately 165 days’ salary. If you want to better understand how this compensation is calculated, you can read this guide on compensation for unfair dismissal in Spain.

In addition, termination under article 50 does constitute a legal unemployment situation. This means that, unlike voluntary resignation, it may give access to unemployment benefits if the corresponding requirements are met.

Before filing a claim, prior conciliation before the mediation, arbitration, and conciliation service of the autonomous community is usually mandatory. It is advisable to prepare that stage well: what is being requested, what facts are set out, and what evidence supports the claim.

The big mistake to avoid: resigning or stopping going to work

This is the most important point in the article: if they are leaving you without duties, do not turn the company’s problem into your problem.

Ahmed is exhausted. He feels useless, watched, and pressured. His manager hints that he should look for something else. The temptation to send a message saying “I’m leaving” is enormous. But resigning or submitting a voluntary resignation can make him lose the compensation and does not entitle him to unemployment benefits.

The practical rule is: while the judge decides, as a general rule you should continue going to work and making yourself available to the company. Even if they do not give you tasks. Even if it is uncomfortable. Even if it seems absurd. Your legal position is stronger if you can show that you wanted to work and that it was the company preventing you from doing so.

In serious situations, interim measures can be requested. The Law Regulating the Social Courts allows them to be requested in this type of claim. In certain cases, the judge may exempt you from going to work while maintaining the company’s obligation to pay salary and social security contributions. But that is decided by the judge after assessing the specific case.

That is why it is not advisable to stop going on your own as a form of pressure. Nor is it advisable to sign a voluntary resignation if what exists is a possible breach by the company. Before taking that step, seek advice.

Warning signs and summary table of options

Let us go back to Ahmed. What makes his case concerning? It is not just that he has little work. It is the combination of facts: he returns from birth leave, they take away his clients, remove his access, exclude him from the team, isolate him physically, and suggest that he should leave.

These are warning signs of a stripping of duties:

• They remove essential tasks of your role without a clear explanation.
• They take away clients, projects, or responsibilities that were previously yours.
• They block access you need in order to work.
• They stop inviting you to meetings or channels where work is organized.
• They physically separate you or isolate you from the team.
• The situation continues for weeks or months.
• The company gives no objective reason or changes its explanation.
• They pressure you directly or indirectly to leave.
• Everything happens after sick leave, leave, a complaint, or the exercise of work-life balance rights.
• Your previous evaluations were good and there is no clear professional reason for sidelining you.

Option	What is requested	What can be achieved	Risks or cautions
Request reinstatement of duties in writing	That your real tasks, access, meetings, and responsibilities consistent with your role are returned to you.	Create a record of the problem and open a route to correct it without court proceedings.	It must be drafted carefully and supported by concrete facts, not just feelings.
Bring a court claim for actual work	That the breach is recognized and your duties are reinstated.	Recover real activity and, if there is a violation of fundamental rights, claim non-material damage.	The outcome depends on the evidence and the court’s assessment.
Request termination under article 50	That the judge declares the contract terminated due to a serious breach by the company.	Compensation for unfair dismissal and access to unemployment if the requirements are met.	You must not leave on your own; as a general rule you have to keep working while the case is processed.
Resign or submit a voluntary resignation	Leave the company by your own decision.	End the employment relationship immediately or quickly.	You may lose the compensation and it does not entitle you to unemployment benefits. It is not the advisable route if there is a breach by the company.

The resolution of Ahmed’s case would be this: the situation violates his right to actual work and, because it occurs when he returns from birth leave, it also amounts to unfavorable treatment for exercising work-life balance or shared responsibility rights. He can request in writing that his duties be returned to him or go to court to claim reinstatement and compensation for non-material damage. If he prefers to leave, he can request termination of the contract under article 50.1.c without resigning. If the judge rules in his favor, he receives compensation for unfair dismissal and is entitled to unemployment benefits. In the meantime, he continues going to work and documenting everything.

If you are in a situation similar to Ahmed’s, do not wait for exhaustion to decide for you. You can write to Fernanda Vargas via WhatsApp or book a consultation on Calendly to review your case before resigning, signing a voluntary resignation, or starting a claim.

Frequently Asked Questions

If I am still being paid, what am I complaining about?

You are complaining that work is not just salary. You also have the right to actual work: to carry out your duties, maintain your qualifications, take part in the normal activity of your role, and not be professionally sidelined. Keeping your salary does not by itself cure a deliberate and prolonged stripping of duties.

Can the company leave me without tasks if there is no work?

Yes, there can be temporary periods without workload for objective reasons, such as the end of a project or a drop in activity, especially if the company explains it and maintains your integration in the team. That is not the same as sidelining you for weeks or months, taking away your access, excluding you from meetings, and pressuring you to leave. In that case, there may be a breach by the company.

Is this workplace harassment?

Not always. A stripping of duties can violate your right to actual work and affect your dignity without necessarily being classified as harassment. It can form part of harassing conduct if it is systematic and seeks to isolate or humiliate. The facts, the duration, the apparent intention, the context, and the evidence must all be analyzed.

Can I leave and receive compensation?

You can request termination of the contract under article 50 if there is a serious breach by the company, but you must not confuse that with resigning. In the article 50 route, it is the judge who declares the employment relationship terminated. If the judge rules in your favor, you are entitled to compensation for unfair dismissal. If you submit a voluntary resignation, you may lose the compensation and may not be entitled to unemployment benefits.

Do I have to keep going to work while I make a claim?

As a general rule, yes: you must keep going and making yourself available to the company while the procedure is being processed. In serious cases, interim measures can be requested, and the judge can assess whether it is appropriate to exempt you from attending while maintaining salary and social security contributions. Do not stop going on your own without advice, because it can harm your claim.