Skip to content
V0745-17 ·23 March 2017 ·consulta-vinculante Medium impact
Tax

Rehiring an employee within three years creates a presumption of no effective termination

A query was raised regarding whether rehiring a worker within three years of their dismissal prevents the exemption from severance pay. The DGT explains that this creates a presumption that there was no real termination of the employment relationship, although evidence to the contrary may be presented.

In 6 key points

How it affects those involved

Employers rehiring former staff within a three-year window may face difficulty claiming exemptions from severance pay unless they can prove a genuine break in the employment relationship.

Lifecycle

2017-03-23PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

Does this provision affect you?

The tax team reviews your specific situation.

Talk to the tax team
This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
Email
Contact