How an objective-grounds dismissal is calculated
Updated: October 2026Sources: Estatuto de los Trabajadores (BOE) · CGPJ guide v0.6 · Ley General de la Seguridad Social (BOE) · SEPE amountsWho is behind this
20 days per year, with a cap of 12 monthly payments
In a dismissal on objective grounds (despido objetivo), the employer has to make available to you, together with the letter, severance pay of 20 days’ pay per year worked, up to a maximum of 12 monthly payments (art. 53.1.b ET). The CGPJ guide, following STS 651/2026, counts that cap as 360 days. Time is counted in months, and part of a month counts as a whole month.
Art. 53.1.b ET
15 days’ notice, or payment in lieu
Between the letter and the dismissal there have to be 15 days’ notice (art. 53.1.c ET). The days the employer does not give are paid. The calculator asks you how many you were given and calculates the ones missing.
Art. 53.1.c ET
Worked example
A person earning 1.500 € gross a month with two extra payments of 1.500 € works from 3 May 2018 to 20 July 2026. They have taken 10 days of holiday this year and the employer gives them no notice. These are the calculator’s figures:
- Severance pay: 9.493,15 € (99 months × 20 / 12 = 165 days).
- Notice not given: between 750,00 € and 863,01 €.
- July pay: between 967,74 € and 1.000,00 €.
- Untaken holiday: between 144,21 € and 174,35 €.
- Christmas extra payment accrued since 1 July: between 163,04 € and 166,67 €.
If it were declared unfair With the same dates, the severance pay would be 15.663,70 €, at 33 days per year. The review shows you that figure beside the one for the objective-grounds dismissal.
Objective-grounds or unfair dismissal
An objective-grounds dismissal can be challenged in the same way as a disciplinary one (art. 53.3 ET). If it is declared unfair, the severance pay is calculated at 33 days per year, with a cap of 720 days: you will find it in Unfair dismissal. The time limit to challenge it is 20 business days (días hábiles) (art. 59.3 ET).
Art. 53 · 56 · 59 ET
Frequently asked questions
How much is severance pay for an objective-grounds dismissal?
20 days' pay per year worked, with a cap of 12 monthly payments (art. 53.1.b ET). The CGPJ guide, following STS 651/2026 (a Supreme Court ruling), counts that cap as 360 days. Time is counted in months, and part of a month counts as a whole month.
Do they have to give me notice in an objective-grounds dismissal?
Yes, 15 days from when the dismissal is communicated until it takes effect. If the employer does not give it, the missing days are paid (art. 53.1.c ET).
How is it different from unfair dismissal?
Unfair dismissal is paid at 33 days per year, with a cap of 720 days (art. 56.1 ET). If an objective-grounds dismissal is declared unfair, the severance pay is then calculated that way. The review shows you both figures.
Does an objective-grounds dismissal give you unemployment benefit?
Yes. Termination on objective grounds is a legal situation of unemployment (art. 267.1.a.4.º LGSS).