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Latin America severance calculator

Estimate the statutory cost of ending a no-cause hire across Latin America. Pick a country, a salary, and a tenure to see the severance you would owe, so you can budget the real cost of a nearshore hire before you make it.

Built for founders and operators who want the full picture of hiring offshore staff, including the exit, not just the monthly rate.

  • Free to use
  • Based on labor law
  • No signup required

Severance calculator

Estimate a no-cause termination cost by country

Pick a country, enter a monthly salary, and set a tenure to see the statutory severance, the itemized breakdown, and how the market ranks against the region.

Severance estimate

Estimate a no-cause termination cost

Pick a Latin America market, a monthly salary, and a tenure to see the statutory severance an employer owes when ending an indefinite contract without cause.

The flat three month floor makes even a short tenure relatively expensive to end, so a clear scope and a vetting-first hire matter most in Mexico.

Statutory exit cost, ranked

  • Mexico 5 months of salary (selected)
  • Peru 4.5 months of salary
  • Argentina 4 months of salary
  • Chile 4 months of salary
  • Ecuador 3.8 months of salary
  • Costa Rica 3.1 months of salary
  • Dominican Republic 3 months of salary
  • Guatemala 3 months of salary
  • Brazil 2.5 months of salary
  • Colombia 2.3 months of salary

Mexico statutory severance

5 months

  • After 3 years of service, the statutory cost is about 5 months of salary.
  • At $2,500 per month, that is roughly $12,500 in total severance.
  • Constitutional indemnity (90 days): 3 months ($7,500)
  • Seniority pay (20 days per year): 2 months ($5,000)
  • Ranks 1st of 10 markets for exit cost at this tenure, which is +1.5 months versus the regional average of 3.5 months.
  • An unjustified dismissal triggers a constitutional indemnity of 90 days of salary, plus 20 days of salary for each year of service. A seniority premium of 12 days per year also applies, but it is capped at twice the daily minimum wage, so for a well paid role it is small.
  • The 12 day per year seniority premium is capped at twice the daily minimum wage, so for a typical nearshore salary it adds only a small fixed amount and is left out of the figure here.

Why it matters

Severance is the part of cost most teams forget

When a US company prices a nearshore hire, it usually looks at the monthly salary and stops there. The salary is the visible cost, and it is what most comparisons lead with. But the full cost of an employment relationship includes how it ends. Across Latin America, the law gives workers a statutory severance when an employer ends an indefinite contract without just cause, and that obligation is a real number you should plan for from the start. Ignore it and a parting that should have been routine becomes a cash surprise, sometimes a large one, and occasionally a labor dispute.

The good news is that severance is knowable in advance. Each country fixes the formula in its labor code, so once you know the rule for a market and the worker’s tenure, you can budget the figure to the dollar. The calculator above does exactly that: choose a country, enter a salary, set a tenure, and it shows the statutory cost in months of salary, in real money, and broken down line by line so you can see what drives it. The sections below explain how the rules differ across the region, where the cost runs highest, and how the way you hire changes who carries the risk.

To complete the picture, pair this guide with the hiring cost calculator for total cost versus a US hire, the 13th month pay tool for the recurring year-end bonus, and the EOR versus contractor guide for how your hiring model decides whether you owe severance at all.

The three shapes

How severance is structured across the region

Per-year markets

Peru, Argentina, Guatemala, and Chile accrue severance as a share of a month for each year of service, so the cost rises in a straight line with tenure until any cap is reached.

Flat-floor markets

Mexico and Ecuador start with a fixed floor, three months in Mexico and a three month minimum in Ecuador, so even a short tenure carries a meaningful exit cost.

Fund-based and tabled markets

Brazil funds severance monthly through the FGTS and charges a 40 percent penalty at exit, while Costa Rica and the Dominican Republic use a tabled schedule of roughly 21 days per year.

Reference table

Severance by country at 1, 3, and 5 years

Statutory cost of a no-cause termination across the Latin America markets LavaStaff covers, shown in months of the worker's monthly salary at three common tenures. Figures reflect each country's labor code as a planning baseline.

CountryHow it accrues1 year3 years5 years
MexicoThree months flat plus 20 days of pay per year of service.3.7 mo5 mo6.3 mo
Peru1.5 months of pay per year of service, capped at 12 months.1.5 mo4.5 mo7.5 mo
ArgentinaOne month per year of service, plus one to two months of notice.2 mo4 mo7 mo
ChileOne month per year of service after the first year, capped at 11, plus notice.2 mo4 mo6 mo
EcuadorMinimum three months, then one month per year, plus a 25% bonus per year.3.3 mo3.8 mo6.3 mo
Costa RicaAbout 21 days of pay per year, capped at eight years, plus notice.1.7 mo3.1 mo4.5 mo
Dominican Republic21 to 23 days of pay per year, plus notice.1.6 mo3 mo4.4 mo
GuatemalaOne month of pay per year of service, paid pro rata.1 mo3 mo5 mo
BrazilA 40% penalty on the severance fund, plus notice.1.5 mo2.5 mo3.4 mo
Colombia30 days for the first year, then 20 days for each added year.1 mo2.3 mo3.7 mo

Figures are months of the worker’s monthly salary for an employer-initiated, no-cause termination of an indefinite contract, including any separate payment in lieu of notice. They exclude dismissal for cause, resignations, and fixed-term contracts. At three years of service the regional average is about 3.5 months of salary. Always confirm the current rule for the specific country, salary level, and contract before you act.

By the numbers

What the data shows

10

Latin America markets covered, each with its own severance rule

3.5 mo

Average no-cause severance at three years of service

1.5 mo

Highest per-year rate in the region, in Peru, until the 12 month cap

The key distinction

Per-year rates, flat floors, and the Brazil exception

The biggest mistake when comparing severance across the region is assuming the formulas work the same way. They do not, and the differences matter. The most common shape is a per-year rate: Peru pays 1.5 months of salary for each year of service up to a 12 month cap, Argentina and Guatemala pay one month per year, and Chile pays one month per year after the first year, capped at 11. In these markets the cost grows in a straight line with tenure, so a short hire is cheap to end and a long one is not. Argentina and Chile add a notice payment on top, which lifts the total by one to two months.

A second group starts with a flat floor. Mexico owes a constitutional indemnity of three months regardless of tenure, plus 20 days of salary per year, so even a hire who leaves inside the first year is expensive to part with. Ecuador works the same way, with a three month minimum for up to three years of service, then one month per year plus a 25 percent dismissal bonus for each year worked. In flat-floor markets the per-year growth is gentler, but the entry cost is high, which is why hiring well the first time matters most there.

Brazil is the exception that confuses people. It funds severance during employment rather than at the exit. Every month the employer deposits eight percent of salary into the worker’s FGTS account, so the money is set aside as you go. When a no-cause dismissal happens, the termination-specific cost is mainly a 40 percent penalty on that fund balance, plus prior notice. That makes the one-time exit cost in Brazil look low next to its neighbors, even though the worker has been accumulating protection the whole time. When you compare countries, line up the structure first, because a number that looks like a simple severance in one market is a fund penalty, a tabled schedule, or a flat floor in another.

Where it runs highest

The costliest markets to exit, at three years

Mexico, 5 months

An unjustified dismissal triggers a constitutional indemnity of 90 days of salary, plus 20 days of salary for each year of service. A seniority premium of 12 days per year also applies, but it is capped at twice the daily minimum wage, so for a well paid role it is small.

Peru, 4.5 months

An arbitrary dismissal owes 1.5 months of salary for each full year of service, with fractions paid pro rata, up to a maximum of 12 months. It is due within 48 hours of termination, alongside any accrued salary, vacation, and statutory bonuses.

Argentina, 4 months

A dismissal without cause owes one month of the best regular salary for each year of service, with a minimum of one month, plus payment in lieu of notice of one month for under five years of service and two months beyond that.

How to plan

Turn the rule into a reserve

Budget the exit, not just the offer

A no-cause termination can cost anywhere from a fraction of a month to many months of salary depending on country and tenure. Reserve for it the way you reserve for the year-end bonus, so a parting is a planned cost rather than a surprise.

Hire right the first time

The cheapest severance is the one you never pay. A clear role brief and a vetting-first hire lower the odds of a mismatch, which matters most in markets with a high flat floor like Mexico and Ecuador.

Let a partner carry the compliance

An employer of record knows the statutory formula for each market, calculates and pays severance correctly, and keeps a parting from becoming a labor dispute, so the liability stays predictable on your side.

Start by writing down the severance figure for each country you are considering at the tenure you expect, using the calculator above. Add it to your planning model as a reserve, the same way a US employer might set aside for unemployment insurance or a notice period. For most nearshore hires the reserve is modest next to the salary savings, but in a flat-floor market like Mexico or Ecuador it is large enough early on that it belongs in the decision, especially for a role you are not yet sure about.

Then think about how the figure interacts with your hiring model. If you bring someone on as a genuine contractor, you do not owe statutory severance, but you take on misclassification risk for a full-time, long-term role. If you hire them as an employee through your own entity, you own the calculation and the payment. If you hire through an employer of record, the partner carries the legal employment and handles severance correctly, so the obligation stays predictable and a parting does not become a dispute. The right choice depends on how long the role will last and how much compliance you want to own.

Compliance

Who carries the severance when you hire abroad

When you employ someone in their home country, that country’s labor code sets the floor, and statutory severance is part of that floor. You cannot pay less than the legal minimum, and getting the calculation or the timing wrong can turn an ordinary parting into a claim. The practical question is who carries the obligation. If you set up your own legal entity in the country, your company runs payroll and owns the severance calculation, the payment, and any dispute that follows. Most teams hiring a handful of people instead work through a partner so they get the talent without standing up foreign payroll and learning ten different termination codes.

With a managed staffing partner or an employer of record, the partner is the legal employer in the country and handles the severance, the notice, the final settlement, and the filings that go with a termination. You direct the work day to day, and the compliance underneath the relationship is the partner’s responsibility. That model is how most US companies hire from Latin America at small scale, and it is what keeps the figures in this guide from turning into a legal project on your side.

LavaStaff works this way. We carry the local employment relationship, including severance and the rules around ending a contract, so you can hire across the region with one point of contact and a clear cost. You focus on the work and the relationship; we make sure the compliance underneath it is sound, including when a role comes to an end.

Methodology

How this calculator is built

The figures here estimate the statutory cost of an employer ending an indefinite contract without just cause, expressed in months of the worker’s own monthly salary. For each market the calculator applies the labor-code formula for the core severance and adds any separate payment in lieu of notice that a no-cause termination triggers. It does not model dismissal for cause, where severance is usually not owed, and it does not model resignations or fixed-term contracts, which follow different rules.

A few markets need footnotes. In Brazil only the 40 percent FGTS penalty is counted as the termination cost, because the underlying eight percent deposits are made monthly during employment rather than at exit. In Costa Rica and the Dominican Republic the severance follows a table that rises with tenure, so a representative figure of about 21 days per year is used. In Colombia the calculator uses the more protected schedule for workers earning under ten monthly minimum wages, which covers most nearshore roles, and notes the lower schedule for higher earners. Each of these caveats appears in the tool when you select the country.

Treat the whole calculation as a planning baseline rather than legal advice. Labor laws change, exact amounts can vary with the salary base, the contract type, collective agreements, and how a settlement is structured, and a few markets cap the salary used in the formula. Confirm the current rule for the specific market and role before you set policy or end a contract. When you hire through a vetting-first staffing model, that compliance work is handled for you, and these figures simply help you budget and compare with confidence.

Questions

Severance in Latin America, answered

What is severance pay in Latin America?

Severance pay is the money an employer must pay a worker when it ends an indefinite employment contract without just cause. Across Latin America it is set by each country's labor code, not by the contract, so it is a legal floor you cannot negotiate below. The amount usually scales with the length of service and the worker's salary, and several countries add a separate payment in lieu of notice on top of the core severance. The local names vary, from indemnizacion and cesantia to the FGTS penalty in Brazil, but the idea is the same: a statutory cushion the employer owes when it lets someone go for reasons that are not the worker's fault.

How is severance calculated for a no-cause termination?

It depends on the country, but most formulas combine a per-year rate with the worker's monthly salary, and some add a flat floor or a notice payment. Peru pays 1.5 months of salary per year of service up to a cap of 12 months. Argentina and Guatemala pay one month per year, and Argentina adds one to two months of notice. Mexico pays a flat three months plus 20 days of salary per year. Chile pays one month per year after the first year, capped at 11 years, plus a month of notice. Costa Rica and the Dominican Republic run off a tabled schedule of roughly 21 days per year. Brazil is the outlier, charging a 40 percent penalty on the severance fund balance plus notice. The calculator on this page applies the right formula for each market once you enter a salary and a tenure.

Which Latin American country has the highest severance cost?

It shifts with tenure, but Ecuador and Peru tend to top the list. Ecuador owes a three month minimum even for short tenures, then one month per year plus a 25 percent dismissal bonus per year, so it is expensive early and stays high. Peru's 1.5 months per year is the steepest per-year rate in the region until it hits the 12 month cap. Mexico is costly for short tenures because of its flat three month floor, but it grows slowly afterward. Brazil sits at the low end for one-time exit cost, because most of its severance is funded monthly during employment through the FGTS, so the termination itself mainly triggers the 40 percent penalty plus notice. Use the ranking in the tool to see the order at the exact tenure you care about.

Do I owe severance if I hire a contractor instead of an employee?

A genuine independent contractor is not owed statutory severance, which is one reason many US companies start with contractors in Latin America. The risk is misclassification. If a contractor works set hours, uses your tools, takes direction day to day, and depends on you for most of their income, a labor court can reclassify the relationship as employment after the fact. When that happens the company can owe back severance, unpaid benefits, the year-end bonus, social contributions, and penalties, often calculated as if the person had been an employee the whole time. The safer path for a long-term, full-time hire is to engage them as an employee through a local entity or an employer of record, which makes the severance rules predictable instead of a hidden liability.

Can an employer of record reduce my severance risk?

An employer of record (EOR) or a managed staffing partner becomes the legal employer in the country, so it carries the employment relationship and the compliance that comes with it, including severance. That does two useful things. First, it keeps you on the right side of local law without standing up your own foreign entity or learning ten different termination codes. Second, it makes the cost predictable: the partner knows the statutory formula, handles the calculation and the payment, and folds the obligation into a clear arrangement so a termination does not turn into a dispute. It does not erase the statutory severance, since that is the worker's legal right, but it removes the administrative and legal risk of getting it wrong.

Is severance the same as the year-end bonus or 13th month pay?

No. They are separate obligations that people often confuse. The 13th month pay, or aguinaldo, is a year-end bonus paid every year while someone is employed, equal to roughly one extra month of salary in most of the region. Severance is paid only when employment ends without cause, and it scales with tenure. A full exit settlement usually includes both: the statutory severance for ending the contract, plus any proportional 13th month pay, accrued vacation, and other final wages owed up to the last day. Budget them as distinct line items. The 13th month pay tool and the PTO tool cover the recurring side, and this page covers the one-time exit cost.

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