3.1.2.1. Exempt compensation for dismissal or termination of the worker

The enjoyment of this exemption is conditional on the actual effective disengagement of the worker from the company.

It shall be presumed, unless proven otherwise, that such disassociation does not exist when, within three years following the dismissal or termination, the employee returns to provide services to the same company or to another company linked to it in the terms provided for in article 16 of the consolidated text of the Corporate Income Tax Law, provided that, in the case where the relationship is defined based on the partner-company relationship, the participation is equal to or greater than 25%, or 5% in the case of securities traded on regulated securities markets as defined in Title III of Directive 2004/39/EC.