Severance pay: legal minimums by country (2026 reference)
Statutory severance minimums in 18 countries — Nepal, India, US, UK, Germany, France, UAE, Singapore, and more. Notice periods, formulas, and the practical…
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- The US is the outlier — no federal statutory severance. Almost everywhere else, severance is a legal floor, not a goodwill gesture.
- Nepal: Labour Act 2017 — 1 month's wages per year of service for retrenchment, plus 1 month notice or pay in lieu.
- India: Industrial Disputes Act — 15 days' average pay per completed year of service for workmen with 240+ days/year, plus 1 month notice.
- EU floor is roughly 1 month notice + 1 month pay per year of service, with wide variance (Germany higher in practice, France formulaic, UK lower statutory but higher contractual).
- Practical employer floor is almost always 1.5–2× statutory minimum to avoid wrongful-termination claims, especially for senior staff.
Severance law is the most misquoted area of HR. Founders assume their home-country rules apply globally; HR teams default to a one-size policy. Neither survives the first cross-border layoff. This is the legal floor in 18 jurisdictions — what statute requires, what employers actually pay, and where the floor is misleading.
Statutory minimums change. Employment contracts, collective agreements, and case law often impose higher obligations. Always confirm with local counsel before terminating an employee or running a RIF. Figures below are accurate to Q2 2026 to the best of our research.
How to read this table
- Notice = statutory minimum notice period the employer must give (or pay in lieu).
- Severance = statutory minimum lump sum on involuntary separation, expressed per year of service.
- Cap = where statute imposes a maximum.
- Cause = whether the rule applies only to no-cause / redundancy terminations (not gross misconduct).
The table
| Country | Notice (min) | Severance formula | Cap | Applies to |
|---|---|---|---|---|
| Nepal | 30 days | 1 month wages × years of service | No statutory cap | Retrenchment / redundancy |
| India | 30 days (Industrial Disputes Act) | 15 days avg pay × completed years | No cap (workmen) | Workmen with 240+ days/yr, retrenchment |
| Bangladesh | 60–120 days | 30 days basic × years of service | No cap | Retrenchment |
| Sri Lanka | Notice per contract | Termination of Employment Act formula (1–2.5 months/year by tenure) | No cap | Companies with 15+ employees |
| Pakistan | 30 days | 30 days wages × years (Workman classification) | No cap | Workmen, retrenchment |
| Philippines | 30 days | 1 month or ½ month × year (whichever higher), reason-dependent | No cap | Authorized cause |
| Indonesia | Per Cipta Kerja law | 0.5–9× monthly wage by tenure + long-service + compensation | Capped by formula | Most terminations |
| Singapore | 1 day–4 weeks (by tenure) | Not statutory; market is 2 weeks–1 month × year | Contractual | Employees with 2+ years |
| United States | 0 (federal) — WARN Act 60 days for 100+ employee RIFs | $0 statutory | — | At-will; WARN for mass layoffs only |
| Canada | 1–8 weeks (statutory) + common law reasonable notice | Statutory + common law (often 1 month / year, cap ~24 months) | Common law: ~24 months | All non-cause terminations |
| Mexico | None (constructive) | 3 months + 20 days × year + seniority premium | No cap | Unjustified dismissal |
| United Kingdom | 1 week / year (statutory min, cap 12) | Statutory redundancy: 0.5–1.5 weeks × year by age | £21,000 (2025/26) | 2+ years' service, redundancy |
| Germany | 4 weeks → 7 months (by tenure) | Not statutory; courts award 0.5 month × year (Abfindung norm) | No cap (case-by-case) | Operational dismissals |
| France | 1–3 months | 0.25–0.33 month × year (statutory) + collective bargaining | No cap | Non-fault dismissal, 8+ months service |
| Spain | 15 days | 20 days × year (objective) or 33 days × year (unfair) | 12 months (objective) / 24 months (unfair) | Most terminations |
| Netherlands | 1–4 months | Transitievergoeding: 1/3 month × year | No cap (capped at €94,000 or 1 yr's pay) | All dismissals |
| UAE | 30 days | 21 days basic × first 5 years, 30 days × subsequent years | 2 years' wages | 1+ year service |
| Saudi Arabia | 30–60 days | ½ month × first 5 years, 1 month × subsequent | No cap | 1+ year service |
Deep dive: South Asia
Nepal
Under the Labour Act 2017, redundancy (retrenchment) triggers: (a) 30 days' written notice or pay in lieu, (b) severance equal to one month's wages per completed year of service, and (c) consultation with the labour office and trade union where applicable. Misconduct dismissals follow a separate process with a written warning regime; severance is not owed. Section 145 of the Act governs the calculation. In practice Kathmandu employers pay closer to 1.5× the statutory floor on white-collar redundancies to avoid Labour Court claims, which average 9–14 months to resolve.
India
The Industrial Disputes Act, 1947 (Section 25F) requires 15 days' average pay per completed year of service for 'workmen' with 240+ days of service in the preceding 12 months, plus one month's notice or pay in lieu. The definition of 'workman' excludes managers, supervisors, and most senior roles — meaning the statute does not cover the majority of corporate India. For non-workmen, severance is contractual and the market floor is typically 1–3 months total pay, with VRS schemes paying significantly more.
Deep dive: Europe
Germany
Germany has no statutory severance for ordinary terminations — instead it has Kündigungsschutzgesetz (Protection Against Unfair Dismissal Act), which makes terminating an employee with 6+ months' tenure at a 10+ employee company very difficult. In practice, employers negotiate Aufhebungsverträge (termination agreements) with severance averaging 0.5 month per year of service — sometimes higher for senior staff or older workers. The German labour courts will hear the case if you don't settle, which is why most don't reach court.
France
France distinguishes between 'licenciement pour motif personnel' (personal reasons) and 'licenciement pour motif économique' (economic reasons). The statutory minimum is 0.25 month's salary per year for the first 10 years and 0.33 month thereafter, payable after 8 months' service. Collective bargaining agreements (which cover ~98% of French employees) almost always raise this. Add notice periods of 1–3 months and PSE (collective dismissal plan) obligations for layoffs of 10+ employees in 30 days.
United Kingdom
Statutory redundancy pay is modest — 0.5 to 1.5 weeks per year of service depending on age, capped at 20 years and a weekly maximum (£700 in 2025/26 → £21,000 total max). Most professional UK employees have contractual severance well above this. The real risk in the UK is not statutory pay but unfair dismissal claims (up to £115,000) and discrimination claims (uncapped), which is why settlement agreements are nearly universal in white-collar redundancies.
Practical employer floor
Across most jurisdictions, employers pay 1.5–2× the statutory minimum on a no-fault redundancy. Two reasons: (1) it buys a signed release and waiver of claims, (2) it preserves employer brand among remaining staff and the local hiring market. The exceptions are the US (no statute, pay is purely market — typically 2 weeks per year up to 6 months) and Singapore (no statute, market is 2 weeks–1 month per year).
| Country | Statutory | Typical actual paid (no-fault) |
|---|---|---|
| Nepal | 1 month / year | 1.25–1.5 months / year + signed release |
| India (non-workman) | Contractual only | 1–3 months total + notice |
| United States | $0 | 2 weeks / year, 4 weeks min, often capped at 26 weeks |
| UK | ≤£21,000 | 1 month / year + statutory + outplacement |
| Germany | 0 | 0.5 month / year (Aufhebung norm) |
| France | Formula | Statutory + 1–6 months negotiation |
| UAE | 21–30 days / year | Statutory + 1 month gesture for senior |
What this doesn't cover
- Notice for resignation (employee → employer) — different rules in most jurisdictions.
- Pension / gratuity / provident fund balances — separate statutory schemes (Nepal PF, India EPF + Gratuity, UAE end-of-service, etc.).
- Unused PTO encashment — usually mandatory; not part of severance.
- Health insurance continuation (COBRA in the US, similar elsewhere).
- Equity and vesting acceleration — purely contractual.
- Garden leave and non-compete buyouts — case-by-case.
- Discrimination, retaliation, and wrongful-termination damages, which can dwarf statutory severance.
FAQ
Frequently asked questions
Can we lower severance below statutory minimum with a signed release?
No. Statutory minimums are a floor — a release can waive additional claims but cannot waive statutory pay. A release that purports to do so is unenforceable in every jurisdiction in this table.
What about for-cause / misconduct terminations?
Most jurisdictions exempt gross misconduct from statutory severance, but require a documented disciplinary process and proportionality. The bar for 'for cause' is much higher than US employers typically assume — confirm with local counsel before invoking it.
Does an EOR (Deel, Rippling, Remote) cover this?
Yes — but the EOR will charge the severance back to you, and they will insist on local statutory compliance even when your home-country instincts say 'just pay 2 weeks.' Budget accordingly.
What's the most expensive jurisdiction to terminate in?
Probably Indonesia or Mexico for long-tenured employees, where the formulas stack (notice + severance + long-service + seniority premium). Single-employee terminations can exceed 24 months of pay.
What's the cheapest?
The United States, by an order of magnitude. This is why US-HQ founders dramatically under-estimate global severance budgets — the home reference point is wrong.
Do these rules apply to contractors?
No — but misclassification risk is high. If a 'contractor' fails the local employee-classification test (often called 'control + integration' or 'IR35' or 'dependent contractor'), back-pay severance, taxes, and penalties stack. Several jurisdictions reclassify automatically after 6–24 months.
- Nepal Labour Act 2074 (2017) — Nepal Law Commission
- Industrial Disputes Act 1947 (India) — Ministry of Labour, India
- UK Statutory Redundancy Pay — GOV.UK
- ILO EPLex Termination Database — International Labour Organization
- Deloitte International Tax & HR Guides — Deloitte
- Mercer Severance Practices Survey — Mercer
- HRIS comparison 2026: BambooHR vs Rippling vs Deel for Nepal, SA, NA & Europe teams
- Business ethics frameworks for HR — utilitarian, deontological, virtue, and the test that actually helps
- GDPR for HR: The Data Discipline That Lives in Every People System
- Immigration & Visa Basics for HR: A Working Mental Model
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