What the final settlement after resignation includes
Updated: October 2026Sources: Estatuto de los Trabajadores (BOE) · CGPJ guide v0.6 · Ley General de la Seguridad Social (BOE) · SEPE amountsWho is behind this
What the final settlement after resignation includes
Handing in your resignation (baja voluntaria) means the contract ends by your decision (art. 49.1.d ET). Even though you are the one leaving, what you have already earned and not yet been paid is due to you from the employer:
- Pay for the days worked in the last month (art. 26 ET).
- Holiday accrued this year and not taken (art. 38 ET).
- The accrued part of the extra payments (pagas extra), if they are not spread over your monthly payslips (art. 31 ET).
What there is not is severance pay: resignation does not give rise to it (art. 49.1.d ET). All the figures are gross, before tax withholding and contributions.
Art. 49.1.d · 26 · 31 · 38 ET
The notice period in your collective agreement
When you resign, you have to give the notice period set by your collective agreement (convenio) or by local custom (art. 49.1.d ET). If your collective agreement provides for it and you do not give it, the employer can deduct the missing days from the final settlement, at your daily pay rate.
The calculator asks you how many days your collective agreement sets and how many you gave, and gives the maximum deduction. If you do not know your collective agreement’s figure, that deduction comes out as “cannot be checked”.
Art. 49.1.d ET
Worked example
A person earning 1.500 € gross a month, with two extra payments of 1.500 € that accrue by half-year, works from 1 March 2023 to 15 October 2026. This year they have taken 10 of their 22 working days of holiday. Their collective agreement sets 15 days’ notice and they leave without giving it. These are the calculator’s figures:
- October pay: between 725,81 € and 750,00 €, depending on whether the month is counted as 30 days or 31.
- Untaken holiday: between 501,74 € and 581,88 €.
- Christmas extra payment accrued since July: between 872,28 € and 875,00 €.
- Severance pay: 0,00 €.
- Deduction for the notice not given: at most 863,01 €.
The sums The range for each item comes from counting by days or by months, as employers do. The deduction is 15 days at 57,53 € a day, the higher of the two daily pay rates: monthly pay divided by 30 or annual pay divided by 365.
And unemployment benefit
A resignation is not a legal situation of unemployment, so, as a general rule, it does not give you unemployment benefit (paro) (art. 267.2.a LGSS). There are exceptions, such as leaving because of a relocation or serious non-payment. You will find them in Is there unemployment benefit if you resign?.
Art. 267 LGSS
Frequently asked questions
Am I entitled to a final settlement if I leave the company?
Yes. The final settlement (finiquito) is what you have already earned and not yet been paid: pay for the days worked in the last month, untaken holiday and the accrued part of the extra payments (pagas extra) if they are not spread over the monthly payslips. You are entitled to it just the same if you are the one leaving (art. 49.2 ET).
Is there severance pay when you resign?
No. Resignation (dimisión) does not give rise to severance pay (art. 49.1.d ET). The exception is departures that the law treats as a dismissal, such as the one in art. 50 ET for a serious breach by the employer, which is usually declared by a court.
Can they deduct the notice period if I do not give it?
The notice period for a resignation is set by your collective agreement (convenio) or by local custom (art. 49.1.d ET). If your collective agreement provides for it and you do not give it, the employer can deduct the missing days from the final settlement, at your daily pay rate. If you do not know how many days your collective agreement sets, the review cannot calculate that deduction and marks it as “cannot be checked”.
Do I get unemployment benefit if I resign?
As a general rule, no: leaving your job by your own decision is not a legal situation of unemployment (art. 267.2.a LGSS). There are exceptions, such as a relocation, a substantial change to your conditions that harms you (art. 41.3 ET), serious non-payment or gender-based or sexual violence (art. 267.1.a.5.º LGSS).
What is the time limit to ask for what is missing from the final settlement?
For amounts such as outstanding pay, holiday or extra payments, one year from the end of the contract (art. 59.1 ET).