Unjustified dismissal: what is the amount you should receive based on your salary and benefits

How to calculate your settlement? This is one of the questions that dozens of people often ask when their employer decides to dispense with their services or, where appropriate, for unjustified dismissal. However, in any case, they must give the percentage corresponding to the time worked in the company.

According to the Federal Labour Act, workers are entitled to compensation for having been wrongfully dismissed. Next we will recall everything related to compensation.

What is the amount you should receive considering salary and benefits?

*Salary

-The citizen must receive at least 3 months' salary, although it will be important to clarify that the amount taken as the basis for the payment of compensation cannot be less than the minimum wage.

*Seniority premium

Employees will be entitled to a seniority bonus, which consists of 12 days of salary for each year worked. In the event of dismissal, the seniority premium may be claimed regardless of the years of service.

For voluntary resignation, the person would have to have worked at least 15 years for the seniority premium to be paid.

*Aguinaldo

They are also entitled to a bonus payment, since it is a benefit that is granted by law every year and corresponds to 15 days of salary. It must be paid by December 20 annually.

For those who have not completed the year of service, regardless of whether they are working or not on the date on which payment is due, will be entitled to be paid the proportional part of it.

The bonus will be calculated based on a starting date and end of employment in a period of time in which you worked continuously. For this calculation, the previous and/or current year worked and not paid will be taken into account.

The previous year is considered from January 1 to December 31 of the previous year. The current year is considered from January 1 of this year to today. The date of separation may not be earlier than January 1 of the previous year.

*Holiday bonus

Workers who have been working for more than one year shall have the right to enjoy an annual period of paid leave that may not be less than 6 days. For each subsequent year, 2 days of vacation will increase until reaching 12 days, after the fourth year worked, it will increase by two days for every five years worked.

They will also be entitled to a vacation premium of not less than 25% on the amount of salary paid to them for vacation.

What should I do if they don't want to compensate me?

The interested parties may appear before the Conciliation and Arbitration Board within two months of the day on which the unjustified dismissal was given to the optional exercise of the action for reinstatement or compensation against the employer.

Its location is at Av. Azcapotzalco la Villa 311 Barrio de Santo Tomas 02020 Mexico City. The contact telephone number is: 5003 100 and in Citizen Services at: 5003 1000.

There are certain scenarios in which the payment of unjustified dismissal may be requested, such as: when there is nothing to do with the performance of his work; a restructuring was carried out in the area where he worked; they end with the position and tasks that the company performed and/or closed.

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