Employment Calculators

Dismissal Severance Calculator (Spain)

Work out the severance you are owed for unfair or objective dismissal in Spain: the days per year for your service, the pre-2012 tranche if it applies, and the legal caps, with the calculation itemised step by step.

Gross annual salary (extra payments included)€Type of dismissalFull years workedAdditional months (started)Did the contract start before 12/02/2012?

Every started month counts as a full month (settled doctrine). The annual salary includes extra payments: monthly salary × number of payments.

Estimated severance

€11,391.78

How the result is reached

Daily salary (annual ÷ 365)	€69.04
Total days accrued	165
Payable days (after the legal cap)	165

Educational estimate under arts. 53 and 56 and transitional provision 11 of the Workers' Statute; not employment advice. Dismissal severance is exempt from IRPF within legal limits (art. 7.e LIRPF, up to €180,000). The finiquito (pending salary, vacation and extra payments) is a separate concept with its own calculator.

Video: how to use the calculator

The two dismissal types and their days per year

Unfair dismissal (improcedente), one declared to lack valid cause, is compensated with 33 days of salary per year of service, capped at 24 monthly salaries (article 56 of the Statute). Objective dismissal (for economic, technical, organisational or production causes) carries 20 days per year, capped at 12 monthly salaries (article 53). Periods under a year are prorated by months, and every started month counts in full.

The salary used: the regulatory daily salary

Severance is computed on the daily salary: the gross annual salary (extra payments included) divided by 365. On €1,800 a month across 14 payments, the annual is €25,200 and the daily salary €69.04. Salary supplements count; expense allowances generally do not.

Contracts from before 12 February 2012: two tranches

The 2012 labour reform lowered unfair-dismissal severance from 45 to 33 days. For contracts signed before 12/02/2012 two tranches are computed: 45 days per year up to that date and 33 days per year after it. The total carries the general 720-day cap, unless the old tranche alone already exceeds it, in which case that tranche is the maximum, never above 1,260 days (42 monthly salaries).

Severance, finiquito and unemployment benefit: three different things

Severance compensates the dismissal. The finiquito settles what you had already earned (days worked, vacation, extra payments) and is always paid, dismissal or not. Unemployment benefit depends on your contributions, not on the dismissal. When a contract ends, check the three separately: the finiquito calculator covers the second.

Worked example

Example: a €25,200 annual salary (€1,800 across 14 payments) and 5 years and one month of service, unfair dismissal on a post-2012 contract. Daily salary: 25,200 ÷ 365 = €69.04. Days: 33 × 61 months ÷ 12 = 167.75. Severance: €11,581.64. Under objective dismissal it would be 20 × 61 ÷ 12 = 101.67 days, i.e. €7,019.41.

Frequently asked questions

How many days per year does unfair dismissal carry?

33 days of salary per year of service for time worked since 12/02/2012, with the general cap of 720 days (24 monthly salaries). For time before that date, if the contract already existed, 45 days per year apply (transitional provision 11).

And objective dismissal?

20 days per year of service, capped at 12 monthly salaries (360 days), whatever the contract date. It is the severance for dismissals on the economic, technical, organisational or production grounds of article 52.

Is dismissal severance taxed under IRPF?

Mandatory dismissal severance is exempt from IRPF up to €180,000 (article 7.e of the IRPF law), provided it does not exceed the Statute's amounts. Anything above the legal severance, or above that limit, is taxed as employment income.

Which salary applies if my hours or pay changed?

As a general rule, the salary in force at the time of dismissal. There are nuances for reduced hours for childcare (where the full-time salary is used) and for variable pay, where the last year is usually averaged. Those cases deserve professional review.

Does this calculator match the official judiciary tool?

It applies the same statutory rules (33/20 days per year, the 45-day tranche for pre-2012 contracts, proration by started months and the 720/360/1,260-day caps) on the annual-÷-365 daily salary. The official tool works from exact dates; here you enter the months, so double-check your service count.

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Sources

Workers' Statute (RDL 2/2015), arts. 53 and 56 and transitional provision 11 · Boletín Oficial del Estado
Severance calculation for contract termination (official tool) · General Council of the Judiciary
IRPF Law 35/2006, art. 7.e (severance exemption) · Boletín Oficial del Estado

Author: Thorben Rasmus Idel · Reviewed by: Nahar Geva · Last reviewed: 29 August 2026