Am I owed severance pay, and who enforces it?
Whether you are owed severance depends on the country, the reason for dismissal and your length of service — a legal minimum in many countries, a collective agreement in others, and sometimes only what you negotiate. What is common everywhere: get the calculation in writing, do not sign a waiver, and check before the deadline. Sindicato (CCOO, UGT) (ccoo.es) knows the collective agreement and calculates for members; Juzgado de lo Social (SMAC previo) (poderjudicial.es) enforces an unpaid severance like unpaid wages; Colegio de Abogados — turno de oficio / justicia gratuita (abogacia.es) gives free advice if you are not a member.
🗣️ What to say
"My employment ended on [date] after [years] of service by [dismissal / redundancy]. Under [law / collective agreement] I am entitled to severance of [amount / formula]. Please pay it with the final salary and send the calculation in writing."
🪜 Step by step
- Find the basisLaw, collective agreement or contract. Sindicato (CCOO, UGT) tells you in one call which applies and the formula.
- Ask for the calculationYears of service, salary basis, any caps. Errors are common — in the employer's favour.
- Do not sign a waiverA settlement can include severance; a "final settlement" form can waive it. Read before signing.
- Unpaid: Juzgado de lo Social (SMAC previo)Payment order or labour court, like unpaid wages. Short deadlines after the end of employment.
- Tax and benefitSeverance may be taxed favourably and may delay unemployment benefit; ask before you agree the timing.
📇 All contacts
❓ Frequently asked
I was on a fixed-term contract
End of a fixed term is not a dismissal, but some countries pay a fixed-term premium or end-of-contract indemnity. Ask Sindicato (CCOO, UGT).
They say I was dismissed for misconduct
Serious misconduct removes severance in many countries — which is why employers allege it. Contest the ground; see the dismissal page.
Redundancy: is there a minimum?
In most countries yes, by years of service; collective agreements often add more, and a social plan more still.
📎 Sources
- Sindicato (CCOO, UGT) →
- Juzgado de lo Social (SMAC previo) →
- Colegio de Abogados — turno de oficio / justicia gratuita →
- Inspección de Trabajo y Seguridad Social (ITSS) →
🔎 Common searches
Recognise your own search? The answer above covers all of these.
- “severance pay calculation Spain”
- “am i entitled to severance”
- “redundancy pay minimum Spain”
- “severance not paid what to do”
- “severance tax unemployment benefit”
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