What your final settlement (finiquito) must include and when not to sign

Terms used

• Finiquito — The finiquito is the written settlement of what your employer owes you when your job ends.
• Pagas extra — The pagas extra are the extra salary payments, often paid in summer and December, that you earn in shares through the year.
• No conforme — No conforme means "not in agreement"; written by your signature, it shows you dispute the amounts or the dismissal.
• Recibí a cuenta — Recibí a cuenta means "received on account": you acknowledge a payment without accepting it as the full settlement.

Key rules

• Itemised amounts: Every amount owed must be listed separately, not as one lump sum.
• Plain signature: Signing without a reservation can be used against you, so add "no conforme" or "recibí a cuenta" if you disagree.
• Dismissal challenge: Signing the finiquito does not remove your right to challenge the dismissal in court.
• Time limit: You have 20 working days from the day after a dismissal takes effect to challenge it, and asking for conciliation first pauses that time.

What the finiquito must include

A finiquito must be in writing and list each amount you are owed, line by line. Expect three core items:

• Pay up to your last day worked.
• Your share of the extra payments (pagas extra) that you have earned but not yet been paid.
• Holidays you have earned but not taken.

If you are owed severance or other amounts, they should appear as separate lines too. A single total with no breakdown is a red flag.

How untaken holidays are paid

Once the contract ends, you cannot take leftover holidays as time off, so they are paid in cash. The minimum is 30 calendar days a year, counted in proportion to the time you worked. Subtract the days you already took, then multiply what is left by your daily pay, including regular supplements.

Your collective agreement may give more days or say how holiday pay is worked out. Check it against the figure in the document.

What signing does

Signing a finiquito can end your claims for the items it clearly lists. A plain signature under a line such as "nothing further to claim" can be used against you later, so do not sign it casually.

Courts look at the exact wording and the circumstances. A vague clause does not waive rights the law protects, and it does not cover amounts that are not itemised. It is also not binding if you signed because of pressure, fraud or false information.

Signing, with or without a reservation, does not stop you challenging the dismissal in court. You have 20 working days from the day after the dismissal takes effect, and asking for conciliation first pauses that time.

How to sign safely

If anything looks wrong or you are unsure, choose one of these:

• Write "no conforme" and your reason next to your signature. This shows you received the money but dispute the amounts or the dismissal.
• Sign "recibí a cuenta". This says the payment is only on account, not a full settlement.
• Refuse to sign and ask for a copy.

You can ask for a workers' representative or a colleague to be with you when you sign. Ask for that to be noted on the document. Keep your own copy, including anything you wrote on it.

If you are disputing the dismissal, get advice from a lawyer or a union before you sign. The checklist, warnings and FAQ below cover the details.

Timeline and deadlines

• Read the finiquito line by line: pay up to your last day, extra-payment shares and untaken holidays, which are paid in cash: before you sign

• If you disagree, write "no conforme" and the reason next to your signature, or sign "recibí a cuenta", or refuse to sign and ask for a copy: at the moment of signing

• Request conciliation with the SMAC/CMAC (the official mediation service) or its local equivalent; this pauses the deadline to go to court: before filing a court claim

• Challenge the dismissal in court if you want to contest it: within 20 working days of the dismissal

Documents you need

• A written finiquito from your employer that itemises each amount: unpaid salary up to your last day worked, your share of extra payments (pagas extra), untaken holidays and anything else you are owed.

• Your collective agreement, to check whether it gives more holiday days or sets how holiday pay is calculated.

• A copy of the finiquito you sign, with any reservation you wrote on it, kept for yourself.

What to watch out for

• A plain signature can be used against you: If you sign with no note and the document has a full-settlement clause, your employer can argue you accepted the amounts. Signing "recibí" alone only shows you received the money. Write "no conforme" and the reason next to your signature, sign "recibí a cuenta", or refuse to sign and ask for a copy.

• Amounts missing from the document: A finiquito that does not itemise your pay, extra-payment shares and holidays can leave you unpaid for items nobody listed. Ask for a written, itemised version before you sign and check each line against your payslips.

• Signing under pressure or on false information: Consent given through fraud, coercion or error does not bind you, but proving it later is hard. Do not sign on the spot if you feel rushed. Ask for a copy, take time to check it, and bring a workers' representative or colleague.

Frequently asked questions

Can I ask someone to be with me when I sign my finiquito?

Yes, you can ask for a workers' representative or a colleague to be present when you sign your finiquito. That presence should be noted in the document itself.

How are my untaken holidays calculated in the finiquito?

Your untaken holidays are paid in cash, based on your yearly holiday entitlement (at least 30 calendar days) for the time you worked, minus days already taken. Each day is paid at your normal daily salary, including regular supplements. Your collective agreement may give more days or set the pay basis, so check it.

Does signing my finiquito stop me from challenging the dismissal in court?

No, signing your finiquito, with or without a reservation, does not remove your right to challenge the dismissal in court. It also does not cover amounts that are not itemised or not yet owed to you.

What does it mean to sign "recibí a cuenta"?

Signing "recibí a cuenta" means you confirm you received the money as a payment on account, not as the full settlement. It is one of the safer ways to sign if you are not sure the amounts are right.