Calculation of unfair dismissal
A.- No, since they are only paid in the following cases: when the employee terminates the employment relationship for causes attributable to the employer; when the employee demands reinstatement and obtains a favorable result and the employer does not comply with the resolution issued by the authority; when the employee demands reinstatement, but his position is a position of trust.
A.- The Constitutional Indemnity only implies the payment of three months of integrated salary, back wages and other benefits that would have been accrued or that are expressly granted by the Law or the employment contracts.
Severance pay ceiling 2021
A dismissal is an unpleasant situation that usually occurs in all types of companies. It represents the end of the employment relationship between an employee and an employer. For both there are consequences: the employee loses his or her job and with it all the benefits associated with it; the employer must assume his or her obligations, among them, the settlement for unjustified dismissal.
Of course, not every termination of employment is subject to a severance payment under Mexican federal law. As stated in Article 46 of the law: “The employee or the employer may terminate the employment relationship at any time, for just cause, without incurring liability”.
When is the severance payment due in Mexico? When the employment relationship is terminated by the unilateral will of the employer. For this purpose, it is verified that the dismissal is not due to any of the causes for termination set forth in the Federal Labor Law.
If the reason for the termination of the labor relationship by the employer is not contained in Article 47, then the employee may claim the payment of a severance payment for unjustified dismissal. But these are not all the situations for which the payment of severance may proceed.
Compensation for wrongful dismissal 2021
The unjustified refusal of the employee to undergo a medical examination previously agreed or established by law, determining the labor relationship or to comply with the prophylactic or curative measures prescribed by the doctor to avoid illnesses or accidents.
The commission of serious misconduct is the most recurrent figure within the labor relationship, it is considered as the infraction of the worker of the essential duties that emanate from the labor relationship of such nature that make unreasonable the subsistence of the same, being configured as serious misconduct the following conducts or behaviors:
The consummated or frustrated appropriation of goods or services of the employer that are in its custody, as well as the retention or improper use of the same, for its own benefit or that of third parties regardless of their value.
The use or delivery to third parties of the employer’s confidential information, the theft or unauthorized use of company documents, false information to the employer with the intention of causing damage or obtaining an advantage, and unfair competition.
Severance pay spain
In order to calculate the indemnity for dismissal without cause, the first thing to consider is whether the dismissal is in fact unjustified. The law limits this possibility considerably, so that, in most cases, the cause invoked by the employer does not meet the minimum standard provided by the labor law. Therefore, before accepting a cause for dismissal and/or consenting to a final liquidation, consult with our lawyers specialized in labor law.
The remuneration to be considered for the calculation of the compensation for dismissal without cause is the best normal, monthly and usual salary, including the proportional amount of Christmas bonus, overtime, black payments and other non-remunerative concepts (such as tips, commissions, bonuses, bonuses, garage, use of vehicles, etc.), as long as the use or perception of such items is normal, usual and with certain periodicity.
When speaking of “Best Remuneration”, the rule refers to the highest remuneration, which in turn is normal, monthly and customary. Overtime, differences paid to the employee “in the black”, tips, commissions, etc. should also be included.