Work Address
What is a termination of employment?
is a document which records the termination of the employment relationship between an employer and an employee.
Do I have to sign a release form?
Yes, it is mandatory subscription the respective termination of employment at the end of the employment relationship.
This must be in writing and the employer must maintain a copy of it in the workplace.
What should the settlement?
- must identify the employer or his name, and address the RUT.
- shall identify the worker, his RUT and direction. The nature of the services provided and their duration.
- The reason cited for termination of the employment contract, which must be established in the Labour Code.
- The resulting compensation: the replacement of prior notice of one month per year of service and holidays, when appropriate.
- The amounts or amounts to be paid on account of these allowances.
The remuneration of the last month of the employment contract
"must be paid in the settlement?
No, because it must be paid through a voucher, as is often done during the preceding months.
Who should sign the release?
The settlement must be signed by the employer or his representative and the employee.
To whom it ratifies the settlement working?
The settlement must be ratified before a minister of faith, which can be a notary, a registrar of the respective municipality, the municipal secretary or auditor of the corresponding Labour Inspectorate.
can also be ratified by the union president, it belonged to the worker, or the personal representative or association would have been his representative.
Why must be ratified before a minister of faith?
Because it is the only way that the parties are released from those obligations which are peculiar to the employment relationship.
The settlement ratified by these ministers of faith, as well as certified copies, give certain outstanding obligations therein established. This means that the party owed, recognizes this and is obligated to pay.
ratified The settlement is the only document that the employer or the employee may invoke to get rid of their obligations under the contract.
Why is it beneficial to ratify the settlement
the Labour Inspectorate?
- Because the auditor of the Inspectorate of Labour may, at the express request worker, check if the values \u200b\u200bdeclared in the settlement are correctly determined.
- A worker who considers that there are outstanding debts may file a claim in the same act with the purpose of carrying out a subpoena and that he lay down in its rightful to be paid.
Can claim after signing the settlement working?
Yes, there is a right to claim after signing the settlement, provided that the worker had left explicit right reserve.
This reservation of rights, establishing a reserve clause right to be specified in writing in the settlement and to establish what rights are concerned, for example: "I reserve the right to complain about overtime. "
Where records the reservation of rights?
written is left discharge in the same document or a document annexed to the settlement, provided it is signed by the employer or his representative, the worker and approved by a minister of faith.
How are the amounts set forth in the settlement?
The obligations outstanding at the end of the employment relationship, such as payment of compensation should be canceled immediately.
Notwithstanding the foregoing, the parties may agree to the deferred payment agreement, in which case it may be canceled in installments, upon determining the amount, date, time and location made this payment. It should note in the same document as this payment settlement, or in an annex as long as it is signed by both parties.
legal What value does this commitment to pay in installments?
If the termination of work has been ratified before an auditor of the Labour Inspectorate, the agreements will be enforceable Letter to the labor courts.
That is, before the employer's breach of the agreement, the employee may demand immediate payment by a short trial that may be made through lawyers that he determines.
is always advisable when values \u200b\u200bare pay in installments have agreed to establish a acceleration clause.
is, a clause stipulating that the amount payable is due and that non-payment of the fees , whatever, will enable the worker to demand immediate payment of the debt in appropriate court, be enforceable under the agreement that was signed before the auditor of the Labour Inspectorate.
By ratifying the settlement on the Labour Inspectorate carried:
- The National Identity Card.
- The draft settlement.
- The Contract of Work.
- Settlement of salary.
- The information Cartola of Health and Welfare intituciones
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