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Beneficios post empleo

Unfair dismissal calculator

Calculate severance for unfair dismissal in Ecuador: months of pay per year of service, the desahucio bonus and special surcharges.

What it calculates

The compensation you are owed if your employer ends the employment without legal cause, plus the desahucio bonus and the surcharges for special cases: disability, pregnancy or union leadership.

What you need

  • Your last monthly pay.
  • Start date and end date.
  • Whether you have a disability, are pregnant or are a union leader.

How it is calculated

  1. Dismissal compensation (Labor Code, art. 188): up to 3 years of service, 3 months of pay; more than 3 years, one month per year, up to 25. A fraction of a year counts as a full year.
  2. Pay used: what you earned at the time of dismissal, including overtime and commissions, excluding profit sharing, travel allowances, the reserve fund and the 13th and 14th salaries.
  3. Desahucio bonus: 25% of your last monthly pay per full year of service is added (art. 185). See the desahucio calculator.
  4. With 20 to 24 years of service, you also receive a proportional share of the employer retirement pension.

Special cases

  • Pregnant or breastfeeding workers and union leaders: the dismissal is void. You can ask to be reinstated with back pay plus 10%, or receive one year of pay on top of the normal compensation.
  • People with a disability or caring for one: 18 months of their best pay on top of the legal compensation, and reinstatement if requested (Organic Law on Persons with Disabilities, 2025, art. 56).

2026 figures

CaseDismissalDesahucioTotal
2 years at the basic wage (USD 482)USD 1,446USD 241USD 1,687
10 years at USD 1,000USD 10,000USD 2,500USD 12,500

Legal basis

  • Labor Code, arts. 95, 153, 154, 185, 187, 188 and 195.1 to 195.3.
  • Organic Law on Persons with Disabilities (Official Registry, July 3, 2025), art. 56.

Frequently asked questions

How much do I get if I am dismissed with less than 3 years of service?

Three full months of pay, plus 25% of your last monthly pay per full year of service as the desahucio bonus.

Does a fraction of a year count?

For the dismissal compensation, yes: one year and one month counts as two years. For the desahucio bonus, only full years count.

Updated on October 23, 2026. This information is for reference only and does not replace a review of your case.

Other calculators

Does your company need the exact calculation?

These calculators give an estimate. For your financial statements, Actuaria prepares actuarial studies of employer retirement pensions and desahucio under IAS 19, with audit-ready reports.