Cessantia, or severance pay, is the compensation that an employer is obligated to pay to an employee upon dismissal or discharge from an employment not due to any fault of the employee.
The Cessantia must be paid by the employer! You can only claim Cessantia payment from SZV in case no severance can be paid by the employer due to:
- Suspension of payment ordered by the court
You are eligible for Cessantia:
- When you are terminated other than by your fault
- If you are terminated by your fault but due to circumstances of your employer
- When your employer can no longer pay his employees due to bankruptcy, a moratorium being enforced or when the employer ceases to exist
- The Cessantia is not applicable for:
- People employed by a Public Body
- Employees or teachers employed in government subsidized denominational education
- Make an appointment with SZV
- Come to the SZV office with all the required paperwork to make the application.
- Your application must be made within 12 months after termination of employment or after the final salary payment.
What to bring
- Valid SXM ID/passport
- Crib number (new requirement)
- Pay slips of the last 3 months of employment
- Workbook and/or proof of employment (contract)
- Dismissal letter from the Department of Labor
- Dismissal letter employer c.q. curator
- Bankruptcy letter
How is the Cessantia calculated?
The severance pay lumpsum is calculated as follows:
- For the 1st until the 10th full year of service – 1 week wage per year of service
- For the 11th until the 20th full year of service – 1 ¼ weeks wage per year of service
- For subsequent full years of service – 2 weeks’ wage per year of service
Note that a period of more than 6 months after the first year of service is considered a full year of service.