In today's article we are going to tell you how you can calculate your settlement and what things you need to pay attention to when calculating it manually; since it is not so advisable to calculate it online. keep reading our post to understand what to consider and how to do it.
What is the settlement?
When a company makes the decision to dismiss an employee, It must proceed to its liquidation, which is when the general liquidation of a worker is carried out. It is the company that must assume these types of expenses at all times as long as you do not find anything done that could have resulted in your dismissal.
What are included in the settlements
The amount of vacations that are contracted
Vacation must be part of the settlement and must be added to the total sum of the amount to be delivered.
The vacation premium
The Holiday bonus It is an amount that is given to the worker so that he can enjoy his vacation and this amount is outside the normal salary. The amount of the vacation premium must never exceed 25%.
The benefits of the company
This amount is the amount that must be delivered to each plant worker when they have been working for a company for more than 60 days. This art is also included in the settlement. This payment gives companies a lot of problems because even when it is included in the settlement, it only occurs until after the annual return. It shouldn't be necessary before.
The gratification
This is a bonus for each employee that must also be included in the agreement. These are the things that once your work period is over, you can enter your settlement. What part of each of you does it touch?
To enter this amount in your settlement, the proportional part of 15 days must be carried out but the employee must have worked between the first days of January and the first of April, covering a total period of 90 days.
The holidays
What we will do is calculate the proportional part of 8 days that are counted from the month of February.
The first 8 days of vacation are multiplied by the total of 60 and the result it gives. We divide it by 336.
This part of the vacation concept is added to the total of the settlement.
The vacation premium
The Holiday bonus It does not happen in all companies, despite everything it is something that can be processed at the time of signing the contract.
To calculate the vacation premium, pay attention to the 25% of the vacation. To give you an idea, for every 10 euros they will give you about 30.
The salary of each month
As you already know, the salary of each month is the amount that corresponds to each one of the workers who work for a company. The amount must be taken into account in order to calculate settlement. In case the amount of money is variable, the last six payrolls must be paid attention.
Extra payments. Additional payments are given in a proportional part of the settlement. These payments are given regularly at Christmas and in summer and are calculated from the beginning of the year until the day of termination of the contract.
The vacation the company didn't give you. In the vacations that the company did not give you or you did not enjoy because you did not want, they are also included in the settlement. Holidays that have not been taken are counted from January 1 until the day the contract ends.
What signing the agreement means for a company and its employee
At the time of giving the signing of the agreement, the calculation that the company is giving us is accepted; In spite of everything, it does not mean that we accept the reason why they do not shoot, since they are two completely different things.
In case you refuse to pay the settlement, you will not have the right to collect any amount.
Since the settlement is the last amount of the company that we are going to receive until we find another support, we must pay attention that the amount that we are signing is the correct one.
Once signed, the worker will no longer be able to demand anything even when the amount is not fair.
What if you realize that it is not well calculated?
In case you realize that the calculation is not well done, what you should do is sign the agreement and put "received, not compliant."
Then we must present a demand in employee commissions.
To realize that the settlement amount is not well calculated, you must do the calculation at home manually, so that when you get to the signature you know what amount you should accept.
Before the day of signing the agreement, what should be paid attention to?
Before going to the signing day, you have to have a draft so it is important that you know the amount that the companies must pay you. This will give you an idea of the amount that truly corresponds to you and you will be able to sign as non-compliant.
As long as you are signing the agreement, you may be accompanied by a representative of employee commissions.
It is necessary to check that in the settlement there will be a part pending payment in which the extra payments and vacations must be, at the same time as the compensation in case it corresponds to the worker.
You should never sign the agreement in case of doubts or if the amount is really low. If they force you to sign it, remember to always put non-compliant so that you can initiate the lawsuit. The claim only has one year to be valid.
In the settlement you must include the form of payment and the date on which it will be made. If it doesn't, you can request that the agreement be redrafted with that information.
Since you receive the conciliation you must file the claim, since you only have one year for this or the prescribed amount and you will not be able to recover anything.
Settlement compensation
In the event that the person who is going to request compensation has been unfairly dismissed, the company must give the employee a small compensation of 45 days a year up to 24 monthly payments. (This point depends on how long you have been working in the company and the type of contract you have; in fixed contracts it usually takes 24 months).
How to request the agreement and some conclusions
We anticipate that if the resignation is voluntary, the company is released from any liability. Nor should compensation be given to workers who have not exceeded more than 3 months of work in the same or to those who have caused damage or problems within the company.
Why you shouldn't do the calculation with online programs
The reason why you should not use online programs is that each dismissal has its reasons and some things to pay attention to, as an example voluntary resignations. At the same time, many of these programs take 360 days as a reference and it should not be 365 since it is the number of days in the year, which makes the calculation go wrong and the amount that comes out is even less than the company has to pay you.
The taxes in force that year are subtracted from the settlement
From the amount of money you get online, you must subtract from the amount of taxes that will be charged and that the program cannot subtract. In the event that when we reach the signature we do not agree with said amount but the figure is correct, it can cause us serious legal problems, since we have not subtracted the interest and this can lead to false statement.
You should not sue the company if you know the amount is correct
It is not uncommon for many lawyers to offer us get much more money from the settlement to companies when in fact they are not paying what they should give us. You should not get carried away by lawyers or by anyone who proposes you since the company can make a counterclaim and you will have to pay the entity for false statements; at the same time not perceiving anything.
As you can see, the liquidation is something with which you have to be very careful, read the amount very well, at the same time the bonuses that will still be unpaid and that are regularly delivered to the workers at the end of the year are things that must be seen clearly at the time of signing and do not forget to verify the form of payment and the day of the same.
