Statutory severance pay mainly applies when the employer terminates employment on organisational grounds (closure, relocation or redundancy) or health grounds. The amount increases with years of service, from one to four times average monthly earnings for termination by notice, or up to five times for termination by agreement. There is no statutory severance entitlement for dismissal for misconduct.
When is severance pay due?
Under Section 76 of the Labour Code, severance entitlement arises mainly when employment ends on organisational grounds (closure or relocation of the employer, redundancy under Section 63(1)(a), (b) or (f)) or health grounds (long-term loss of fitness to perform the existing work). By contrast, there is no statutory severance entitlement for dismissal for breach of work discipline or termination during probation.
How much severance pay is due?
For termination by notice (Section 76(1)), the amount depends on length of employment:
- at least 1× average monthly earnings: at least 2 but less than 5 years;
- 2×: at least 5 but less than 10 years;
- 3×: at least 10 but less than 20 years;
- 4×: at least 20 years.
Employment lasting less than two years therefore gives no statutory severance entitlement on notice; you receive “only” the notice period.
For termination by agreement on the same grounds (Section 76(2)), severance is one level higher and applies from the outset: 1× for under 2 years, 2× for under 5, 3× for under 10, 4× for under 20 and 5× from 20 years. Termination because of an occupational accident or occupational disease entitles the employee to at least ten times average monthly earnings (Section 76(3)).
What to watch for
These are statutory minimums: the employer may provide more (Section 76(7)), and collective agreements often set higher severance. If you return to the same employer before the period “covered” by severance expires, you repay a proportionate amount (Section 76(4)). Whether the true reason for termination was organisational or health-related, and therefore whether severance is due, often lies at the centre of a dispute. We assess this and pursue the claim through termination of employment, represent you in employee disputes and, for invalid termination, also pursue claims arising from invalidity.
This answer provides general information on the law as at 21 July 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.