settlement – The Remote Internship.Com

Is your employment contract about to end, are you going to resign or did they pass you a dismissal letter? In these situations, as an employee, you are entitled to the payment of salaries, social benefits, parafiscal contributions or social security, vacations and certain cases, compensation. Todos estos conceptos pueden estar incluidos en su liquidación.

To set the record straight, he identified three frequently asked questions about liquidation which can arise as employees go through a resignation or firing at their workplaces.

1. The company cannot or does not want to pay the settlement

Assuming that a worker with a contract for work or work finished his duties at the end of December, but so far has not received his settlement because the company claims not to have enough resources to pay him, what should be done in this case?

The settlement takes into account the salary earned at the end of the employment contract, social security payments, severance payments and their interest, premium and vacations.

In this situation, “you can go to the Labor Inspectorate so that the ex-employer company is summoned to an administrative diligence and the payment of the debts is achieved through the conciliation mechanism. Otherwise, it must go to the ordinary labor jurisdiction so that through a judicial process the existence of the contract, its termination, the existing debt is declared and the defendant is condemned to its recognition and payment, with all the sanctions that the law establishes, “said Leonardo Mejía, director of the firm. Mejía López Estudio de Abogados.

It should be noted that, regardless of the employment contract, there is no variation on the settlement of social benefits and holidays. Only the form of calculation of compensation for dismissal without just cause varies, since social benefits are always paid in proportion to the time worked.

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So, if you have a fixed-term contract and are dismissed without just cause, you received compensation that corresponds to the months remaining from the stipulated date of termination of the contract. For example, if your contract expires on December 10 but you were fired on October 10, you must be paid three months’ salary.

Now, whoever earns less than ten legal minimum wages in force and an indefinite term contract, received compensation of 30 days of salary for the initial year he worked. If you have worked more than that time, there will be twenty days’ salary for the additional years of service.

Anyone who earns more than 10 legal minimum wages in force will be compensated with 20 days’ salary when they have not completed more than one year in the work. However, if he has already exceeded the period found, he received 15 days of salary for the other years worked.

You can also read: How is the settlement for a worker who earns full salary

2. How long is there to claim the settlement or outstanding wages?

Now, if a worker has not been completely liquidated by your company when it closed, how much time do you have to get a response or claim and enforce your settlement?

“In accordance with current labor regulations, the term for the collection of labor credits prescribes three years from the moment the obligation became enforceable. Therefore, when this deadline has been exceeded, it is not possible to request payment of the debts through any legal means, unless the former employer, in an act of good faith, acknowledges and agrees to pay them,” Mejia responded.

3. Time and salary variations in settlement

Finally, how is the settlement affected when the salary originally agreed is reduced or when a fixed-term contract for one year is renewed by half?

It is important to know that when the initial fixed-term contract is one year, it cannot be renewed for shorter periods. However, “if it is a fixed term for less than a year if it can be done, but only three times, because from the fourth it can not be for less than 12 months,” explained Leonardo Mejía.

Annex to the above, the expert explains that the agreed salary cannot be reduced unilaterally, which means that such a decrease can be made when the employer and the employee agree. Any salary reduction must be in writing.

According to the expert consulted, “those that can be dismantled are extralegal aid, as long as it is in writing.”

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Colombian legal matters. If you wish to share any kind of situation or doubt about your rights as a worker, write and follow the cases and resolved in notices.

The comprehensive minimum wage in force for 2021 is $11,810,838, equivalent to 10 minimum wages. If there is something that interests a worker is his liquidation, either because he resigns or because he is fired with or without just cause. However, some They have doubts about what should be paid, for example, to those who earn a full salary.

The comprehensive minimum wage for 2021 in Colombia is $ 11,810,838, a figure that corresponds to the sum of 10 monthly minimum wages, plus a 30% benefit load equivalent to three minimum wages, according to Law 50 of 1990 and Article 132 of the Substantive Labor Code (CST).

It is valid to clarify that the above sum is the minimum to be considered full salary, however, between employer and employee can agree – without problem – a salary with a higher amount of income.

The comprehensive salary is a form of remuneration that includes social benefits.

Jorge Alberto Hernández, a specialist in Human Management at the Universidad Piloto de Colombia, says it is important to keep in mind that the integral salary must always be agreed in writing.

A worker who has this type of salary is entitled to enjoy 15 working days of rest for each year worked. And, in the same way, the company must liquidate your vacation.

“When you have an employment contract, whether for an indefinite term or a fixed term, but with a full minimum wage, at the time of resigning or being retired with just cause, within your settlement the worker must only be paid the days that have not paid him from his last working month and, if he has, the proportional to the vacations to which he is entitled, “, Hernández clarifies.

In short, if you earn a full salary, your settlement is like this: if you are dismissed for just cause or if you resign, you will be paid the days of the month that have not been paid and the corresponding to the vacation days you have pending to take.

For the settlement with compensation, the entire comprehensive minimum wage is taken as a basis.

If you are retired without just cause, according to article 64 of the CST, modified by article 28 of Law 789 of 2002, you must be compensated with 20 days of salary for the first year worked, and with 15 days of salary for each year you have worked subsequent to the first -or proportional to what you have worked-, plus the pending holidays and the days of the month that you have not been paid. All of the above is done on the full comprehensive minimum wage.