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Doctrine by topic · DGT Observatory

Rebuttable Presumption — DGT doctrinal evolution

How the DGT's position on this topic has evolved, and the rulings it rests on.

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How the DGT's position has evolved

Settled doctrine High confidence 31 rulings · 2014–2026

Current position

The exemption of severance pay requires a real and effective termination of the employment relationship. The non-existence of such termination is presumed if the worker provides services again to the same company or to a related company within three years following the dismissal. This presumption admits evidence to the contrary to prove that the new relationship does not nullify the original termination.

The DGT's position on the presumption of termination in severance pay has remained constant since 2014. The most recent rulings reaffirm that the presumption of employment continuity for three years admits evidence to the contrary to demonstrate the reality of the termination.

Analysis based on 30 of 31 rulings with a stated position. Updated 24 September 2026.

Rulings on this topic

24

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