How severance is calculated

The daily salary is annual gross salary divided by 365. It is then multiplied by the applicable days per year: 33 for current unfair dismissal, 20 for objective dismissal and 12 for a production temporary contract ending. A fraction of a month counts as a full month.

For contracts before 12 February 2012, the double segment applies: 45 days per year until 11 February 2012 and 33 days from 12 February 2012. Legal caps can limit the amount.

Worked example

If someone started on 1 March 2019, ends on 30 September 2026 and earns €30,000 gross, severance seniority is 7 years and 7 months. For unfair dismissal this is 250.25 days, giving a gross result of €20,568.49.

What it does not include

It does not decide whether a dismissal will be held fair, unfair or null. It also does not replace a review of salary supplements, bonuses or individual agreements that may affect the daily salary.

Other questions

Which salary should I enter?

Annual gross salary including extra payments and ordinary salary supplements.

Does a fraction of a month count?

Yes. For severance, a month fraction is rounded up as a full month.

Is severance taxable?

Statutory severance is exempt up to €180,000, with important conditions for unfair dismissal.

Does it calculate null dismissal?

No amount is shown because the usual consequence is reinstatement and back pay.

Legal sources