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The Finiquito in Spain: What Your Final Pay Settlement Must Include (2026)

By Recording Law Editorial Team6 min read
The Finiquito in Spain: What Your Final Pay Settlement Must Include (2026)

Frequently Asked Questions

What is a finiquito?

It is the settlement of the amounts you have already earned but not yet been paid when your contract ends: the salary for the days worked in your last month, holiday you accrued but did not take, and the proportional part of your extra payments (pagas extraordinarias). It is owed on any termination, including a resignation.

Is the finiquito the same as severance?

No. The finiquito is what you have already earned and is owed on every ending. Severance (the indemnización) is separate compensation owed only on certain dismissals. You can receive one without the other: a worker who resigns gets a finiquito but no indemnización, while a worker dismissed unfairly gets both as separate figures.

Should I sign the finiquito?

You can, but check the figures first, and you do not have to accept it as full and final. Under art. 49.2 ET you may ask for a workers' representative to be present, and you can sign 'no conforme' to take the payment while reserving the right to claim more. A court looks at the wording and the circumstances, not just the signature, so a reserved signature protects a later claim.

How long do I have to claim an unpaid finiquito?

Generally one year from the end of the contract, under art. 59 of the Estatuto de los Trabajadores. That is longer than the 20-working-day deadline to challenge a dismissal, but it still runs, so an underpaid finiquito should be claimed within the year.

Sources and References

  1. Estatuto de los Trabajadores (RDL 2/2015), art. 49.2 (documento de liquidación y firma del finiquito)(boe.es).gov
  2. Estatuto de los Trabajadores, art. 38 (vacaciones anuales) y art. 31 (pagas extraordinarias)(boe.es).gov
  3. Estatuto de los Trabajadores, art. 59 (prescripción de un año de las acciones derivadas del contrato)(boe.es).gov
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