People who are working formally are exposed to various situations of change in their workplaces, whether due to dismissal by their employer or voluntary resignation. Given this scenario, one of the main doubts that workers usually have is about the settlement of social benefits that correspond to them by law.
To clear up this uncertainty about payment, we tell you how to calculate the settlement amount in situations of resignation or arbitrary dismissal. Likewise, we tell you what is the maximum period in which the company you worked for must pay it. Take note!
When is the settlement paid?
According to the Ministry of Labor and Employment Promotion (MTPE), the settlement payment must be made within 48 hours of the worker’s termination. Otherwise, the labor interests that are set by the Superintendency of Banking, Insurance and AFP (SBS) will begin to be computed.
“The compensation for time of service that accrues upon termination of the worker for a period of less than one semester will be paid directly by the employer, within 48 hours of the termination and with cancellation effect. The computable remuneration will be that in force at the time of termination. date of termination”, specifies article 3 of Supreme Decree 001-97-TR related to the Single Ordered Text of the Law on Compensation for Time of Service.
Settlement payment: how is the amount calculated?
The concepts that make up the settlements vary according to the legal benefits granted by the companies and the regime in which the worker works. These are made up of three: Compensation for Time of Service (CTS), vacations and truncated bonuses.
In cases of arbitrary dismissal, the concept of compensation is added and this applies to every worker who works at least 4 hours a day and who has passed the trial period (3 months), in positions of trust (6 months) or management roles (12 months).
To calculate the settlement, the salary received on the date of termination is taken as the basis, added to 1/6 of the bonus for the last 6 months. In relation to the missing bonus, the last salary is also used and will be equal to the amount of one-sixths of that remuneration for each full month worked during the corresponding semester, whether from January to June or from July to December.
Furthermore, another important aspect is vacation pay. If the person has not enjoyed this right, they will receive vacation compensation that will be equivalent to a monthly remuneration.
What to do if the settlement payment is not made?
If the settlement is not paid within 48 hours following the end of the employment relationship, the worker may file an inspection process with the National Superintendence of Labor Supervision (Sunafil).
Likewise, the Ministry of Labor indicates that workers have a period of four years to demand payment of social benefits and accrued remuneration, counted from the end of the employment relationship.
Source: Larepublica
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