Labor contracts can
finish decision by the company or by a decision of the employee. This may want
to terminate your employment relationship without any reason or because
they have been altered some conditions of its contract.
The low volunteer does not give
a company the right to apply for unemployment benefit or receive
compensation unless the termination occurs in circumstances
warranted.
Worker's Resignation
It consists of the worker decides to end
his own relationship with the company without allege any reason. In these cases
has to notify the company by a letter of resignation.
In these cases the employee
will not be entitled to apply for unemployment benefits from Social Security
or compensation by the company.
The employment relationship
will end with the signing of the settlement with the company settles its
debts with the employee paying the amounts to duty for the days worked in that
month and the share of holidays and overtime payment.
Notice
resignation
The advance notice is
usually 15 days, but can vary depending on the collective bargaining
agreement and the terms that the employee has signed in his contract.
If the worker did not notice
to the company over time planned in advance, there will be a penalty consisting
of settlement subtract as many days of work days has defaulted on its
obligation to notify the company.
Forced
Resignation
An employee may request termination
of the contract because they have serious changes in their
working conditions as late payments, reduced salary or actions against the
dignity of the person.
In these cases the worker
must go to the Social Court to initiate proceedings to terminate his
contract and if the bug is on their behalf shall be entitled to a compensation
of 45 days per year worked with a maximum of 42
months.
Resignation by contract changes
There is also the possibility
that the employee decides to end their relationship because their working
conditions have changed, such as moving or changing schedules, among others.
If the request for
terminating the contract is caused by changes in the schedules or working
hours, provided that harm to the employee is entitled compensation of 20
days per year worked up to a limit of 9 months.
In both cases, also will be
entitled to apply for unemployment benefit, but to get it as
compensation must have a court decision that considers the changes as
unwarranted.
Labor Transfer
There is movement when the
company goes to the employee at a workplace other than normal for a time
exceeding three months. The change should also involve a change of residence.
The employee may accept the
offer of the company or reject it. In the first case must be offset by an
amount economic extra help it defray the costs of a change of address.
If you decide to submit the
resignation on a voluntary basis, is entitled to compensation of 20 days per
year worked with a maximum of 12 months.
Remarks
It is believed the transfer
of displacement workplace for a period of less than three months. In
these cases the employee is not entitled to any compensation if the resignation
presented on a voluntary basis.
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