At the beginning of a new year, the search for employment is a recurring action of those who, due to different circumstances, have become unemployed. However, sometimes the dismissal of a worker is unjustified and it is at that moment that the question arises: What are the rights that an employee has when dismissed?
Below we inform you of the options provided by law in the event that a person is fired.
– Liquidation: In accordance with the provisions of the Substantive Labor Code, people who are linked under an indefinite term contract and are dismissed, are entitled to a liquidation, an amount that corresponds to vacations pending to be enjoyed, social benefits owed, unpaid wages, etc.
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– Compensation: In case of being fired and not having received his salary or benefits, the employer must pay compensation that will be equal to the last daily salary received by the worker and will apply to each day of delay.
It should be noted that the corresponding severance payment must be made that has not been consigned to the affiliated fund. Likewise, upon dismissal, the worker has the right to receive his payment from the moment in which he is notified of the termination of the contract until his last day of work, as well as a discharge medical examination, this to review his state of health and that the dismissal is related to a medical issue.
Something that is often overlooked and that is very important is that when leaving a company, a labor certification must be given to the person who leaves a company stating the time worked, the position and the salary earned.
What if there is a dismissal without just cause?
This happens when the employer does not have any of the reasons contemplated in article 62 of the Substantive Labor Code, such as: having suffered deception by the worker, violence, injury, indiscipline, some material damage, immoral or criminal acts, the violation grave of the obligations or prohibitions.
When a person is dismissed without just cause, the employer must pay him compensation according to the type of contract he has.