Cómo saber cuánto me toca de Finiquito: Aquí encontrarás toda la información que debes saber
Below we’ll show you everything you need to know about it SettlementWhich is? , types, how to calculate, I enter after important questions you should be asking yourself. Keep reading and find out everything.
What is the Agreement
O finite It is known as the payment that corresponds to workers when the employment relationship ends voluntarily.
That is, it is the money that the company gives in case of dismissal, when a temporary contract ends, if there is justified dismissal, if because of your employer there is a serious fault, due to illness or death (in this case the payment is delivered to your family ).
The severance pay of an employee generates for the employer a series of economic duties that must be fulfilled by obligation. The employee will have to pay the indemnity for the employee’s length of service and the indemnity of 3 months.
In some circumstances, 20 working days must be paid each year.
There are cases where employers ignore federal labor law, as to the amount that must be paid, as well as when to cancel.
Reporting these cases is extremely important, as they can result in labor claims for incurring infractions.
Voluntary withdrawal agreement:
If for any reason you decide to leave the company voluntarily, you have the right to receive as settlement the proportional portion of the salary for the entire month, including extraordinary payments that are pending cancellation as long as they are not prorated, also includes the vacation that corresponds to you for the period of time worked and you were unable to enjoy.
It is important to note that in the case of working in any company on a voluntary basis, you will have to fulfill all the requirements that will be established in the collective agreement in order to be able to communicate the license in advance.
Eye: If you fail to comply with this obligation, you may experience problems when receiving the agreement.
Rights that workers should have on voluntary leave
In case of voluntary leave, the worker will be entitled to the agreement. This does not indicate that the company will have to pay an amount proportional to:
- You must guarantee the departure of the current month in which the worker leaves this month.
- Proportion of extra payment.
- Proportional share of unpaid vacation.
End of contract settlement:
If for any reason the contract you have in the company, it is not decided to renew, the corresponding remuneration will be 12 days for each year you work in the company.
In this case, your contract is for more than one year or indefinitely (less than two years), the days corresponding to your indemnity will be calculated proportionately.
Unfair dismissal resolution:
If the company makes the decision to terminate your employment contract, you will be entitled to receive an indemnity of 45 days for years worked, a maximum of 42 monthly payments and 33 days for years worked.
How to calculate the Settlement Agreement
We provide you with a way to calculate settlement, enter this page quickly and easily click here and get your results quickly.
Once on the page, you must fill in the requested information
- Admission date
- License date
- Daily salary
- Do they owe you business days?
- Do they owe you vacation days?
- Christmas bonus days
- % holiday premium (informational)
After filling in this information, press «CALCULATE»
Which worker can opt for their Agreement
The agreement must have all the necessary identification of the employee and the company, the amounts due and the date on which it is signed by the worker.
String that must be signed so that there are no pending accounts between any of the parties.
The finite must also have the concepts pending from its end date:
Values that the self-employed person owes to the employee: It must have the corresponding deductions and quotation.
- Salaries on the days of the month when the termination occurs.
- Unused holidays: If the worker requests a vacation that he has not taken, the company will have to count those days, and include the social security contribution.
- Extra payments: Each worker is entitled to extraordinary payments. The amount varies depending on whether payments are prorated, semi-annually or annually.
- Extra hour: overtime that the worker did and did not receive, the agreement must include them.
- Advantages or incentives: The settlement is obliged to include the proportional parts of the premiums or incentives that have been agreed in the contract according to the working time.
Values that the worker owes to the self-employed person:The worker may be owing money to the company, we show below for this reason:
- Holidays enjoyed most: If the worker has completed all of his annual leave, but has not completed the full year of work, he will have received more leave than he was entitled to. Therefore, the business owner can discount the vacation days he most enjoyed.
- Absence of notification of voluntary withdrawal: The work must announce 15 days in advance if presenting a voluntary license. The company has every right to discount these days without notice. However, there are agreements that establish penalties that can reach 2 days for each missing notification day.
- Advances received: This may require an advance from the employee, as long as the company delivers it.
Are all companies required to cancel the agreement?
It must be kept in mind that it is extremely important to make it clear that the agreement registers the voluntary termination of employment, employee, employer, so the easiest form of payment is by check, which must be accompanied by the letter of labor settlement. , which clearly includes the required data and unfolds all concepts that are being paid to the worker in terms of their work.
This refers to yes that no If done correctly, the company is not required to cancel the settlement.
Success in your process!
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