Statutory benefits

Article 80 severance: understand what you are calculating

Read the general severance scale and its examples without confusing a mathematical calculation with an automatic household obligation.

By2 min readEditorial standards

Article 80 addresses severance paid by an employer exercising desahucio within its applicable regime. Separate two questions: how many days the scale assigns and whether that scale applies to the case.

Days are not the cash amount

The scale includes 6-day and 13-day bands for shorter service and 21 or 23 days per year for longer service. Partial years also require review. Read the complete provision because boundaries between bands matter.

For an example without a partial year, three years in the 21-day band produce 63 salary days. Six years in the 23-day band produce 138 days. The applicable daily salary is then used to obtain the amount in pesos.

Confirm dates, ordinary pay and the reason for leaving before using the scale. Domestic work has a specific title in articles 258–265 and must not automatically be treated as general-regime employment.

Record the method

Retain the band used and each calculation component. If you are exploring a voluntary agreement, identify it that way. A negotiated percentage does not become a statutory requirement because it appears in a spreadsheet or an app. Clear labels make the resulting discussion easier for both parties.

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