Severance pay in Portugal: how it is calculated in 2026
When you are dismissed through no fault of your own on an open-ended contract, you are entitled to compensation. Here is how it is calculated, with the current rule, the transitional regime and the legal caps in 2026.
TL;DR
Severance for a dismissal through no fault of the worker on an open-ended contract (collective dismissal, abolition of the post or unsuitability) is worked out by multiplying the value of one day of pay, (base salary + seniority allowances) ÷ 30, by the days you are entitled to. The current rate is 14 days for each year of seniority, in force since 1 May 2023 (Lei n.º 13/2023). For older contracts, each period of service counts at the rate then in force: 30 days a year until October 2012, 20 days until September 2013 and 12 days until April 2023. The fraction of a year is proportional. Severance is not subject to Social Security and is IRS-exempt up to the average pay of the last year times the years of seniority.
What severance pay is
When the employer ends an open-ended contract for reasons that are not the worker's fault, a collective dismissal, the abolition of the post or a dismissal for unsuitability, the law requires compensation to be paid1. This is what is commonly called severance pay (indemnização por despedimento).
The amount depends on two things: your pay and your seniority (how long you have worked at the company). The part that makes the sum confusing is that the number of days per year has changed several times over the years, so each period of your career counts at the rate that was in force then.
The current rule: 14 days a year
Since 1 May 2023, with the Agenda do Trabalho Digno (Lei n.º 13/20232), the compensation is 14 days of base pay plus seniority allowances for each complete year of seniority. The fraction of a year is worked out proportionally.
The value of one day of pay is:
Day value = (monthly base salary + seniority allowances) ÷ 30
For a contract that started after May 2023, this is the only rate that applies: just multiply the day value by 14 and by the years of seniority.
The transitional regime: each period at its rate
For older contracts, the sum adds up the service in each period at the rate then in force:
| Service period | Days per year |
|---|---|
| Until 31 October 2012 | 30 days (one month) |
| 1 Nov 2012 to 30 Sep 2013 | 20 days |
| 1 Oct 2013 to 30 Apr 2023 | 12 days |
| Since 1 May 2023 | 14 days |
The severance pay calculator splits your seniority across these periods automatically, from the contract start and end dates, and applies the right rate to each one.
Worked example
Take an open-ended contract that started in January 2015 and ended, through abolition of the post, in May 2023, with a base salary of €3,000:
- Day value: €3,000 ÷ 30 = €100.
- Oct 2013 – Apr 2023 (100 months, at 12 days/year): 100 ÷ 12 × 12 = 100 days → €10,000.
- May 2023 (1 month, now at 14 days/year): 1 ÷ 12 × 14 = 1.17 days → €117.
- Total compensation: 101.17 days × €100 = €10,117.
As the salary and seniority are well below the ceilings, no cap applies. Work it out with your own figures in the calculator.
The legal caps
Article 366.º sets two ceilings1:
- The base pay + allowances used in the calculation cannot exceed 20 times the minimum wage , 20 × €920 = €18,400 in 20263.
- The total cannot exceed 12 times the monthly pay or, where the first ceiling applies, 240 times the minimum wage.
In practice only very high salaries or very long tenures (more than about 25 to 30 years) reach these limits.
Is severance pay taxed?
- Social Security: severance pay is not subject to Social Security.
- IRS: it is exempt up to a limit, the average pay of the last 12 months multiplied by the years of seniority. Only the part above that limit is taxed. There are also specific rules, for example, for people who return to work for the same employer in the following years. The calculator shows the gross amount; the IRS on the taxable part is not computed here.
Each form of termination pays something different
The article 366 formula the calculator applies covers dismissals through no fault of the worker on an open-ended contract. Other ways of ending a contract pay a different amount:
- A fixed-term contract reaching its end: 24 days of base pay and seniority allowances for each complete year of service, worked out under article 366 (article 344(2) for a certain term, article 345(4) for an uncertain term). That is more days per year than the 14 of an open-ended contract. No compensation is due if it is the worker who declares they do not want the renewal.
- Unlawful dismissal: the worker is entitled to reinstatement or, if they prefer, to compensation instead, which the court sets at between 15 and 45 days for each complete year or fraction, never below three months of pay (article 391). The pay falling due between the dismissal and the final judgment is added on top.
- Termination with just cause by the worker (for example, unpaid wages): the same 15 to 45 day range per year, with the same three-month floor (article 396).
- Dismissal for cause attributable to the worker: no compensation.
- Termination by mutual agreement: the amount is negotiated between the parties, with no statutory formula.
What else you receive when the contract ends
The compensation is not everything the employer owes in the final settlement, and this is where people most often underestimate what they are due:
- Holiday accrued but not taken: the holiday pay and the holiday bonus (article 245(1)(a)).
- Proportional amounts for the year the contract ends: holiday pay and holiday bonus in proportion to the time worked that year (article 245(1)(b)).
- Christmas bonus in proportion to the time worked in that calendar year (article 263(2)(b)).
- Salary for the days worked in the final month.
- Missing notice period: if the employer does not honour it, they pay for the missing days.
These items are not part of the severance calculator, and added together they are usually worth more than people expect: every vested holiday day left untaken pays twice, once as holiday pay and once as the holiday allowance. The end-of-contract pay calculator works out the whole final settlement, and the article on end-of-contract pay explains the article 245(3) cap that cuts holiday in the first two calendar years of a contract. For the individual parts, use the holiday and Christmas bonus calculator and the notice period calculator.
What this guide does not cover
To be an honest estimate, the calculation works monthly, does not compute the IRS on the taxable part, and does not fix the exact amount of the indemnities that depend on a court ruling (15 to 45 days) or on what is negotiated in a termination by mutual agreement.
To understand what you take home from your salary, see the net salary calculator and how net salary is calculated. For specific cases, always confirm with the ACT (the labour authority) or a lawyer.
Common mistakes
Applying 14 days a year to the whole career
The 14 days only apply to time worked since 1 May 2023. Earlier time counts at the old rates (12, 20 or 30 days a year), so an older contract adds up several periods.
Assuming any dismissal entitles you to compensation
Dismissal for cause attributable to the worker gives no compensation. The art. 366.º compensation applies to dismissals through no fault of the worker (collective, post abolition, unsuitability).
Confusing the compensation with termination by the worker
If the worker terminates the contract with cause, the indemnity is 15 to 45 days a year and is set by the court, it does not use the art. 366.º formula.
Using 18 days a year when a fixed-term contract ends
Lei n.º 13/2023 raised the compensation for a fixed-term contract reaching its end from 18 to 24 days of base pay and allowances per complete year, with effect from 1 May 2023 (articles 344(2) and 345(4)). Many sites still publish 18 days.
Counting only the compensation in what you will receive
The final settlement also includes holiday accrued but not taken, the proportional holiday pay and holiday bonus for the year the contract ends, the proportional Christmas bonus (articles 245 and 263), the salary for the days worked and any missing notice period.
Frequently asked questions
How is severance pay calculated in Portugal in 2026?
How many days of pay do I get per year worked?
Which dismissals does the compensation cover?
Is severance pay taxed in Portugal?
Is there a three-month minimum?
How much do I get when a fixed-term contract ends?
What if the dismissal is unlawful or without just cause?
Besides the compensation, what else am I owed?
Are the figures exact?
Related reading & calculators
Sources
- 1.Código do Trabalho, artigo 366.º, compensation for collective dismissal · Diário da República · retrieved 2 Jun 2026
- 2.Lei n.º 13/2023 (Agenda do Trabalho Digno), 14 days a year since 1 May 2023 · Diário da República · retrieved 2 Jun 2026
- 3.Decreto-Lei n.º 139/2025, guaranteed minimum monthly wage of €920 for 2026 · Diário da República · retrieved 2 Jun 2026
- 4.Código do Trabalho, articles 344(2) and 345(4), 24 days a year when a fixed-term contract expires · Diário da República · retrieved 9 Aug 2026
- 5.Código do Trabalho, articles 391 and 396, 15 to 45 days a year with a three-month floor · Diário da República · retrieved 9 Aug 2026
- 6.Código do Trabalho, articles 245 and 263, untaken holiday, proportional amounts and Christmas bonus on termination · Diário da República · retrieved 9 Aug 2026
Author / Reviewed by
Author
Thorben Rasmus Idel
Co-founder & writer
Co-founder of Calculadora Capital and the writer behind the methodology on every calculator and article. An entrepreneur and active investor, Thorben founded Idel Versandhandel GmbH, an international trading company operating across 16 countries, and invests across stocks, ETFs and cryptocurrency. He writes the methodology and verifies the math behind each page, drawing on hands-on business and investing experience to keep the tools and explanations grounded in how money, markets and taxes actually work for everyday people in Portugal.
Reviewed by
Nahar Geva
Co-founder & reviewer
Co-founder of Calculadora Capital and the independent reviewer behind every calculator and article. An entrepreneur and active investor, Nahar brings a data- and product-driven mindset together with hands-on experience in the markets, investing across stocks and ETFs as well as cryptocurrency and other digital assets, alongside broader personal finance and real estate. On each page Nahar reviews the methodology and double-checks the math and figures, pressure-testing how the tools and explanations hold up against the way money, markets and taxes actually work for everyday investors.
Published: Updated: Reviewed: