The Settlement. Did you sign it or not I sign?

Many of us have ever been, or in the future we can find the termination of the employment relationship between us with the company, and consequently, we received the call from settlement. We are faced with a paper with a number of concepts and we must give our consent by signature.

Most times there will be no problem, but others hesitate about whether you are well calculated, that is exactly what belongs to us ...

The settlement is the receipt by both the employee and the employer are terminated the employment relationship, liquidating all outstanding financial obligations.

So, what concepts should be included?

The worker shall receive the same amount of days worked in the month in which termination occurred. To which is part of the monthly salary (which in turn consists of the sum of base salary plus wage supplements).

The monthly salary will be split between 30 days and get the daily wage, which is multiplied by the total days worked.

And holidays not always in proportion to the days worked in that year.

Are calculated by a simple rule of thumb: If for one year (360 days) are 30 days of vacation, "x" days work shall "and" enjoyed the days are discounted. The result will be enjoyed by day or daily wage.

Bonuses:

Depending on the period worked. They are usually two: the Christmas and summer. To calculate this, divide each of them between 360 and we will get the daily quota of each. The result is multiplied by the days since the pay is accrued until the date of termination.

Therefore, the settlement include:

PROPORTIONAL SHARE OF THE VACACIONESPARTE SALARIOPARTE PROPORTIONAL the extra payments.

Once you understand the concepts that we know, we know that the signing of the settlement is not binding on either party.

But that "a contrario", if signed, the employee agrees not to claim anything against the employer, and that by signing the worker's employer claims to have collected all their financial obligations. And then, you have documentary proof of efficacy, because the employee has demonstrated its compliance.

But if the employee does not agree, does not have to sign it.

We should also mention that the worker before the presentation of the settlement, always raises the question of whether you agree or disagree with the dismissal, whether to sign or not.

You have to respond that the fact of signing the settlement does not imply acceptance of the dismissal, but the acceptance of the settlement, provided that no final settlement is stated in that "it takes for settled and done for all items without fit any claim, "or this, is made except by the worker, not agree with the dismissal and that he receives as receipt for it settled, provided that the amount is to be contented. (If only record amount received).

The regulation of termination is contemplated in the art. ET 49.2, which establishes the obligation for the employer that, (at the time of termination of the contract), to communicate to workers the complaint or, where applicable, notice of termination thereof, accompanied by a proposal settlement document the amounts due. (Commonly referred to receipt of balance and balance).

Article by M ª Dolores Ortiz (Lawyer)

www.masqueabogados.com