FOGASA Calculator: Wage Guarantee Fund Spain 2026
Type of contract termination
Max. 120 days covered by FOGASA
If there is already a judgment or agreement, enter the amount to calculate the exact cap
Company with fewer than 25 employees (SME)
Art. 33.8 ET: for objective dismissals, FOGASA covers 40% of the severance directly
How to apply for FOGASA
- Submit application to FOGASA with judicial resolution or insolvency declaration
- Deadline: 1 year from the final judgment or insolvency act
- Official form available at SEPE (Public Employment Service)
Arts. 33 ET · RD 505/1985. Min. wage 2026: €1,184.00/month. Indicative calculator.
Legal basis
Unpaid wages (Art. 33.1 ET): FOGASA guarantees unpaid wages in company insolvency, up to 120 days of salary, capped at twice the daily minimum wage per day. In 2025, the daily SMI is approx. €43.50.
Severance pay (Art. 33.2 ET): FOGASA covers severance recognised in conciliation or court ruling: 120 days for unfair dismissal, 60 days for objective/collective dismissal. Additional cap: daily SMI × 27 days × years of seniority.
SME benefit (Art. 33.8 ET): Companies with fewer than 25 employees are entitled to have FOGASA pay 40% of severance in objective/collective dismissals, without needing insolvency. Can be applied for directly from the date of dismissal.
How to apply: Submit application to FOGASA with final court ruling or insolvency declaration. Deadline: 1 year from finality. Form available at SEPE / FOGASA electronic office.
Other labour tools
FOGASA FAQ
How many days of wages does FOGASA cover?
Up to 120 days of unpaid wages, capped at twice the daily minimum wage per day (Art. 33.1 ET). Daily SMI 2026: approx. €45.41 (€1,184/month × 14 payments / 365). Source: RD 1051/2024 (extended).
How much severance does FOGASA cover?
Up to 120 days for unfair dismissal or 60 days for objective/collective dismissal. Additional cap: daily SMI × 27 days × years of seniority.
When can you claim from FOGASA?
Only when company insolvency is declared. Deadline: 1 year from the finality of the court or administrative ruling.
What is Art. 33.8 ET for SMEs?
Companies with fewer than 25 employees in objective dismissals: FOGASA pays 40% of severance directly, without insolvency declaration.
Questions about the FOGASA wage guarantee fund?
Lexiel answers questions about FOGASA coverage, maximum amounts and application deadlines with verified citations from LGSS and Workers Statute.
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