Calculation and receipt of the finiquito (final settlement on leaving a job)

Calculation and receipt of the finiquito (final settlement on leaving a job) is filed with Empresa empleadora + Trabajador (recibo privado). With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: €50. Official tasa (government fee): No official fees. IRPF is withheld on the taxable part. Compensation is exempt up to 180.000 €.

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We calculate your full finiquito (final settlement, ET arts. 31, 38, 49, 53, 56), broken down into outstanding salary, untaken holiday, the pro rata share of the extra payments, the statutory compensation depending on the reason for termination (resignation, fair or unfair disciplinary dismissal, objective dismissal, end of a fixed-term contract, mutual agreement, retirement) and deductions for failure to give notice. We include the IRPF (income tax) position (compensation is exempt up to 180.000 € within the amount the ET makes compulsory, art. 7.e LIRPF) and the time limits (one year to claim the amounts owed, ET art. 59.2; 20 working days if you are also challenging the dismissal, ET art. 59.3). A signed receipt with a full and final settlement clause discharges both parties (Supreme Court judgment STS 4-12-2007).

Practical guide: Dismissal in Spain: SMAC conciliation claim, finiquito and severance pay. Requirements, deadlines and the steps, explained.

What we charge you: €50
Managora's fee: €50.00 (21% VAT incl.)
Tasa (official government fee): No official fees. IRPF is withheld on the taxable part. Compensation is exempt up to 180.000 €. (suplido: paid to the authority on your behalf, no VAT)
Processing time: The finiquito is paid when the contract ends. To claim anything still owed you have one year (ET art. 59.2).
Where it is filed: Empresa empleadora + Trabajador (recibo privado) ↗
What you receive: Application

Cost breakdown: Our fee €50.00 (21% VAT incl.). No official fees. The compensation is exempt from IRPF up to 180.000 €..

Calculation and receipt of the finiquito (final settlement on leaving a job): how is it filed?

1Answer the questions in the chat (around 10 minutes).
2We calculate the full finiquito: outstanding salary plus holiday plus the pro rata extra payments plus compensation plus deductions.
3We apply the number of days of compensation according to the reason: 33 days per year for an unfair dismissal after 12-feb-2012 (45 days if before); 20 days per year for a fair objective dismissal; 12 days per year at the end of a fixed-term contract.
4Payment of €50.00 (21% VAT incl.) for our fee.
5Sign the mandate from your mobile.
6We draft the FINIQUITO RECEIPT for you, with a full and final settlement clause.
7We recommend signing it in the presence of the workers' representatives or, failing that, with express agreement.
8If you disagree with the amounts: you have ONE YEAR to claim them (ET art. 59.2). If you are also challenging the dismissal, that is 20 WORKING DAYS from the date it takes effect (ET art. 59.3) and it requires prior conciliation before the SMAC (use despido_smac).
9The compensation is exempt from IRPF up to 180.000 € (art. 7.e LIRPF) in unfair and objective dismissals.

Which documents do you need?

•The employee's DNI / NIE (identity number).
•The employment contract and the payslips for the last 12 months.
•The resignation letter, the dismissal letter or documents evidencing the reason for termination.
•The applicable collective agreement (convenio colectivo).
•A list of the holiday taken during the year.

Legal basis and things to bear in mind

Legal framework: ET arts. 31 (extra payments), 38 (holiday), 49 (termination), 52-53 (objective dismissal), 56 (unfair dismissal), 59 (time limits) plus the unifying Supreme Court judgment STS 4-12-2007 (the discharging effect of the finiquito) plus LIRPF art. 7.e (exemption for compensation).
UNFAIR DISMISSAL (art. 56 ET): 33 days per year of service from 12-feb-2012, capped at 24 months' pay. For the earlier period, 45 days per year applies. The calculation is done in two tranches.
OBJECTIVE DISMISSAL (art. 53 ET): 20 days per year of service, capped at 12 months' pay. If it is held to be unfair, the art. 56 regime applies (33 days per year).
END OF A FIXED-TERM CONTRACT: 12 days per year of service (art. 49.1.c ET).
HOLIDAY (art. 38 ET): a minimum of 30 calendar days (22 working days) per year. Any holiday not taken is paid out on leaving.
EXTRA PAYMENTS (art. 31 ET): a minimum of two per year. If they have not been fully earned, they are apportioned pro rata.
DISCHARGING EFFECT (STS 4-12-2007): a finiquito signed with a clear 'full and final settlement' clause discharges both parties, save for mistake, fraud or duress.
TIME LIMITS (ET art. 59): a claim for the amounts due in the finiquito lapses one year after the claim could first have been brought (art. 59.2). A challenge to the dismissal expires 20 working days after the date the dismissal takes effect, not after the finiquito is signed (art. 59.3); lodging the conciliation request with the SMAC suspends that period (LRJS art. 65.1).
COMPENSATION EXEMPT FROM IRPF (art. 7.e LIRPF): up to the statutory limit under the ET, with a maximum of 180.000 €. Anything above that amount is taxable.
Natural connections: despido_smac (prior conciliation), prestacion_paro (registering with the SEPE after leaving), certificado_empresa (completing it), pago_unico_paro.

Calculation and receipt of the finiquito (final settlement on leaving a job): frequently asked questions

Calculation and receipt of the finiquito (final settlement on leaving a job): how much does it cost?

We charge you €50: our fee plus, where applicable, the fixed official tasa we advance. Our fee €50.00 (21% VAT incl.). No official fees. The compensation is exempt from IRPF up to 180.000 €.. Managora's fee is €50.00, 21% VAT included (€41.32 net + €8.68 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: No official fees. IRPF is withheld on the taxable part. Compensation is exempt up to 180.000 €..

Calculation and receipt of the finiquito (final settlement on leaving a job): how long does it take?

The finiquito is paid when the contract ends. To claim anything still owed you have one year (ET art. 59.2).

Calculation and receipt of the finiquito (final settlement on leaving a job): which documents do I need?

You need to have to hand: The employee's DNI / NIE (identity number)., The employment contract and the payslips for the last 12 months., The resignation letter, the dismissal letter or documents evidencing the reason for termination., The applicable collective agreement (convenio colectivo)., A list of the holiday taken during the year.. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Empresa empleadora + Trabajador (recibo privado). You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Empresa empleadora + Trabajador (recibo privado) ↗.

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