It is best to sign with a "not conforming" to preserve the right to future claims * Author: By ROSA
CUEVAS
facing layoffs or end of a contract is something that overwhelmingly passed along his career at least once. When this happens the worker receives a document known as settlement, which terminates the employment relationship between employee and employer. Should I sign? Will it calculated? Here are some common questions which beset the worker, so it is very important to master certain aspects of this process before receiving the settlement. In addition, it is best to sign a "non-compliant" to retain the right to future claims.
Settlement or liquidation
is necessary to distinguish between termination and settlement that, despite that one includes the other, nor are they similar documents nor the consequences that entail acceptance for the worker they are. First, the settlement is simply the delivery of stock to be received by the employee. When a relationship dies or stops working, the employer must make available to the worker a document or a proposal for settlement of outstanding amounts delivered to the employee. These sums of money are:
* The outstanding wages to pay for days worked to date of termination of the contract or that the dismissal was formalized
* The proportion of pay for summer: calculated from the July 1 to the date of termination. The amount should be divided by 365 days, if the accrual is annual, and multiply by the number of days from 1 July until the last day in the firm of the
* The proportion of payment of benefits: for know the amount you must perform the same calculation but with reference to the date of January 1 the year preceding the cessation of
* enjoy outstanding vacations: If the worker has not enjoyed the days off that correspond should receive the outstanding amount. For its calculation must take into account that for each month worked 2.5 days a year under Vacation
addition, the settlement will not only be given to the employee at the time you pay, end of contract or voluntary employment relationship is broken, but the company also makes a settlement when disruptions in the contract work of an employee. This is the case of leave or waiting times until the enactment of resolutions permanent disabilities.
However, the settlement consists of two elements, the first of them is a self-liquidation of outstanding accounts, which are the amounts previously described in the company and its workers. The other component is a declaration of intention to issue the employee signs the document which acknowledges that there is no outstanding receivables, and that the parties have nothing more to be claimed for any reason. In fact, in practice most of the releases often contain a text which is made a specific waiver of action against the company, ensuring that the signing of the document terminating the employment relationship without the employee can claim for any circumstances or because the amounts received are miscalculated.
Given this, the signing of a settlement may result in loss of worker rights, because they waive the possibility of any claims kind against the company or to return to it. Given the bad faith and the many "tricks" experienced by the workers in this process, the law requires that the settlement should include a clear and unequivocal will to end the contract and an express waiver of actions, and not enough with that document containing the word settlement.
deadlines
Although there is no specific deadline for the company to convey the discharge to the employee, unless the collective agreement governing the company so provides, it is advisable to request that the affected employee progress of the document. Thus, we have a knowledge of the amount prior to the time of signature and you can go to a professional if you have any doubts, as recommended from the Graduate School Social Madrid.
In practice, it is customary to give the settlement the last day the employee goes to his job. However, there might be cases where for various reasons the company is late in entering into this process, after a few days, the worker must be resubmitted in the company to sign the settlement. When these situations occur, consult indicating the collective agreement for these cases because the damages and damages for late payment of the settlement may become compensable if so mandated by the agreement.
It should be noted that the Workers' Statute in Article 59.1 provides that a worker has one year to claim all the amounts that should have been paid, and once after that time little can be done as prescribed quantities.
the time of signing
If the worker has not gained access to the advance of settlement, it is best at the time of signature or be accompanied by a representative of workers or by another person because this way if there is any effect may have a witness stating what actually happened.
first thing the worker should do is check that the settlement includes all items under, and its amount and calculation are correct. Equally important is to ensure that the document showing the date of receipt of the amounts involved, and not only the date of manufacture thereof. It is appropriate that if payment is to be made by check, in the settlement is recorded in number.
If, despite everything, he considers that the amounts or concepts are not adequate recourse to the formula of half-sign the document. O, which is, do write the famous tagline of "non-compliant." The signing by the employee certifying their compliance with the amounts contained in this document, and that in turn they have been paid, so it is very important to remember that if the document is signed, despite disagreeing with content, can be a real obstacle to making future claims. However, the "not as" easy to claim any amounts not paid, the workers are paid their settlement and safeguard their right to take action to claim.
BEFORE YOU SIGN A SETTLEMENT
* Request progress of the settlement to ensure that the amount has been calculated is well and that is that for the worker.
* be accompanied by an employee representative or another person to sign the settlement. So, if any impact the worker can prove what happened testimonial. The employer can not deny, is a right of all workers.
* Check that the settlement includes the following items: wages paid pending, the parties in proportion to the bonuses, vacation and enjoy outstanding compensation, if it is for the worker.
* Request that the settlement included the check number with which the company settled all outstanding and / or the date of payment if payment will be made through a transfer.
* Signing a "Not satisfied" if the amounts receivable by the worker are not what they should, or if there is a concept with which the worker agrees. In this way, he paid the money but not lose the right to complain.
* When the settlement stems from a total permanent disability of the worker is ineffective as it is required to reserve the job for two years.
* Remember that the employee has one year from receipt of the settlement for the amounts due to it.
VIA - comsumer.es
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