How the DGT's position has evolved
Current position
The exemption of severance pay requires a real and effective severance of the worker's relationship with the company. The non-existence of such severance is presumed if the worker provides services to the same company or to a related company within the three years following the dismissal. This presumption allows for evidence to the contrary to demonstrate that the new relationship does not nullify the original severance.
The DGT's position has remained constant since 2014. All analyzed rulings reiterate the same criterion regarding the presumption of continuity of employment in related companies and the possibility of rebutting it through evidence to the contrary. No changes or nuances in the applied doctrine are observed.
Analysis based on 29 of 30 rulings with a stated position. Updated 24 September 2026.