Redundancy and dismissal compensation calculator
A rough estimate of what would be due depending on how the termination of the contract is classified, with the full breakdown of the calculation: the days per year, the regime for contracts predating 12 February 2012 and the caps that apply. It is calculated in your browser and no data is sent anywhere.
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Your browser has it disabled or blocked. Below, in a table, are the same rules the calculation applies, and you can always call us on 614 26 26 92.
The rules the calculation applies
This is the same table already published on the employment solicitors in Barcelona page, and it sets out the general rules of the Estatuto de los Trabajadores. The calculator applies no others: there is nothing here that the firm had not already put in writing.
| Classification | Compensation | Cap |
|---|---|---|
| Unfair dismissal | 33 days' pay per year of service, with periods of less than a year calculated pro rata by month | 24 months' pay |
| Unfair dismissal with service before 12 February 2012 | 45 days per year up to that date and 33 days per year from then on, calculated in separate periods | 720 days' pay, unless the period before 2012 already exceeds that figure, and in no case more than 42 months' pay |
| Dismissal on objective grounds held to be justified | 20 days' pay per year of service | 12 months' pay |
| End of a fixed-term contract giving rise to compensation | 12 days' pay per year of service | No specific cap |
| Void dismissal | Compulsory reinstatement and payment of the wages lost | No compensation for termination is payable |
The two calculations the calculator makes, spelled out
Daily salary. This is obtained by dividing the gross annual salary by 365. It is the usual criterion, but the final salary figure depends on which items the collective agreement treats as countable, and it is one of the most argued-over points in a dismissal.
Monthly salary. This is taken as 30 days' pay. It is not an add-on: it is what makes the two figures in the table itself fit together, because 24 months at 30 days is exactly the 720 days the table sets as the cap under the transitional regime. On that same basis, 12 months is 360 days and 42 months is 1,260.
The odd days left over from the last month are not apportioned in this calculation, which is why the result shows them separately rather than hiding them.
The time limit runs from the effective date
The amount matters less than the calendar. To challenge a dismissal there are twenty working days from the effective date, and it is a lapse period: once it expires, the claim is lost entirely, however unjust the dismissal was. Saturdays, Sundays and public holidays do not count, but the period does run during August for these purposes.
If you have the letter in front of you, check the date with the time limit checker before doing any more sums. And if you are coming to the office, the employment documents checklist says which papers are worth bringing.
What people ask when they see the result
Which salary should be entered in the calculator?
The gross annual salary, including the pro rata share of the extra payments. The daily salary is obtained from that by dividing by 365. That said, the salary figure that ends up being applied does not always match the gross annual figure: it depends on which items the collective agreement treats as countable. It is one of the most argued-over points in a dismissal, and that is why the result is only a guide.
Why does the result change so much if the contract predates 2012?
Because compensation for unfair dismissal was calculated at 45 days per year of service until 12 February 2012 and at 33 days from then on. Contracts going back further are calculated in sections: 45 days per year up to that date and 33 days per year afterwards, with a cap of 720 days' pay, unless the pre-2012 section already exceeds that figure, and in no case more than 42 months' pay. The calculator works this out by itself from the contract start date.
How long do I have to challenge the dismissal?
Twenty working days from the effective date of the dismissal. Saturdays, Sundays and public holidays do not count, but the period does run during August for these purposes. It is a lapse period: if it expires, the claim is lost and cannot be recovered even if the dismissal was clearly unjust. Filing the papeleta de conciliación suspends the count, so the first thing to do is file it in time.
The company is offering me a sum. Is it worth litigating?
It depends on how far the offer falls short of what would be due and on what can be proved. If the compensation offered is already what would be due, litigation only adds time and uncertainty. If there is a difference, or if the dismissal may be void, the arithmetic changes. That comparison is made with the dismissal letter and the payslips in front of you, not with a calculator.
Is the finiquito included in this figure?
No. The calculation covers only the compensation for the termination. The finiquito, untaken holiday and outstanding extra payments are settled separately. And it is worth reading it carefully: it often includes a wording by which the employee declares any outstanding claim settled. If it has to be signed on the spot, the prudent practice is to add "recibí, no conforme" (received, not agreed) next to the signature and keep a dated copy.
Bring the letter and the payslips and we will look at it
With the dismissal letter, the last twelve payslips and the employment history in front of us, we can work out the length of service, the salary figure and the compensation actually due, and say frankly whether it is worth challenging. The time limit is twenty working days: it is best not to leave it to the last minute.