The National Court requires weekly rest to be included in severance settlements

How this criterion impacts the calculation of severance settlements

The calculation of severance settlements is once again under scrutiny following a new court ruling with direct implications for companies. In Judgment 53/2026 of 23 March 2026, the National Court (AN) recognises employees’ right to have included and paid in their severance settlement the proportional part of the salary corresponding to the weekly rest accrued through the effective working days of the final week, even if the termination of the employment contract occurs before that rest period is actually taken.

Although this judgment is not yet final and may still be appealed before the Supreme Court, the criterion appears to be consolidating: severance settlements must include both the salary for days worked and the remaining concepts accrued by those days, such as weekly rest.

In the case at hand, the legal representation of employees filed a collective dispute claim because the company did not include in the termination settlements the proportional part of the salary corresponding to weekly rest generated during the last week worked.

As a result, settlements generated during the week included salary for the days effectively worked, but excluded the amount corresponding to the proportional part of the weekly rest.

For example, if an employment contract ends on a Tuesday, two days of salary are accrued.

The company argued that the procedure was inappropriate, claiming that it amounted to an accumulation of individual claims.

Prior to the ruling, the AN dismissed this objection and considered the procedure appropriate, concluding that there was a widespread and habitual practice concerning the disputed issue.

In the judgment, the AN analyses the legal nature of weekly rest and concludes that:

• Weekly rest is paid rest time.
• Its remuneration accrues during the working week, not when the rest is actually taken.

These arguments are based on Article 37.1 of the Workers’ Statute (ET), which recognises the right to a minimum uninterrupted weekly rest period of one and a half days, and Article 26.1 of the ET, which establishes that salary remunerates not only effective work, but also rest periods computable as working time.

The judgment literally states: “(...) remuneration for the seven calendar days of the week accrues through five and a half days of work, or, in other words, each working day accumulates, together with the daily salary, the proportional part of the weekly rest.”

Therefore, even if the employment relationship ends on a Friday, the employee is entitled to receive in the severance settlement the proportional part corresponding to Saturday and Sunday as accrued weekly rest. Consequently, the company must include this amount in the settlements, regardless of whether it pays fixed monthly salaries or alleges different business practices.

The judgment rejects the company’s arguments, recognising employees’ right to receive the claimed amount and ordering the company to cease this practice and regularise settlements from the previous year, including a 10% default interest surcharge.

It should also be noted that the amounts arising from these regularisations are subject to Social Security contributions, as they constitute salary-related concepts.

Conclusion

This judgment consolidates and clarifies a key doctrine regarding severance settlements and accrued salary:

• Weekly rest is accrued salary.
• It accrues during the working week.
• It must be paid proportionally in the severance settlement, even if it has not been taken.

This criterion is fully applicable to any company and sector. Companies are therefore advised to review, with specialised advice in employment law, the remuneration policies applied in these situations.