To fire a worker means an end
to a contract, which established a relationship between this type of work and
business, before the agreed deadline. A contract may be closing, in addition to
the employer's will, a decision by the employee or by force majeure.
The employer must accompany
the document dismissal of settlement within a short period of time. In
this showing the amount with which settled its debts with the worker.
Grounds for dismissal coming
· Death, retirement
and disability total entrepreneur.
· Causes of force
majeure: when unexpected events occur which prevent work, like a fire. These
dismissals must be approved by the competent authority, which will dictate
whether the circumstances alleged are true.
· Dismissal based on
the collective economic, technical, organizational or production. It must be
approved by the competent authority.
· For objective
reasons and legal, ie breach of contract by the worker.
Allowances
They are economic rewards
that the employer must give the employee for damages or as a reward. The amount
of compensation depends on the type of termination of the contract and the
agreement, in addition to the provisions of the law.
An employee shall not be
entitled to any compensation if the dismissal occur for the following reasons:
· Mutual agreement
between the parties.
· Resignation
worker.
· Retirement worker
· Some of the legal
grounds set forth in the contract.
Amount of
Compensation
The compensation provided by
law according to different causes and the type of dismissal are as shown in the
table below:
|
Cause for
terminating the contract
|
Compensation
|
|
Death of businessman
|
A month's work.
|
|
Worker's Death
|
15 days salary.
|
|
Causes of force majeure
|
20 days per year worked
with a maximum of 12 months.
|
|
Disappearance of the
company
|
20 days per year worked
with a maximum of 12 months.
|
|
If the dismissal was
declared inadmissible
|
45 days per year worked
with a maximum of 42 months and reinstatement or payment of wages not
received.
|
|
If the goal is declared
improper dismissal and the contract was for the promotion of permanent
contracts
|
33 days per year worked
with a maximum of 24 months.
|
|
If the dismissal was
declared invalid
|
Readmission into the post
and payment of wages not received during that time.
|
Calculation of
compensation
The amount of compensation is
calculated by multiplying the number of days worked per year that is in
accordance with the type of dismissal, the daily wage and the number of years
worked. The daily wage is calculated by dividing by 30 the remuneration
contained in the roster.
The settlement
It is that document that was
signed at the end of the employment relationship. It will put an end to all the
commitments and obligations between the contractor and recruit.
In addition to compensation,
in any termination of the contract has to liquidate employer to the
worker. You must pay the portion of wages due for the days worked in that month
and the proportionate share of holidays and the extra payment.
The signing of the document
implies acceptance by the employee that the employer has fulfilled all
financial obligations. Once signed the release form the employee generally is
not entitled to claim anything entrepreneur.
In signing the release form
the worker can claim the presence of a representative of the works council, if
any.. It is necessary to be aware of everything that signature and will agree
with the money that is owed.
|
