Calculate your Retirement Compensation
Settlement is the term used when an employee asks for voluntary resignation. And this settlement is a financial compensation received by the worker to end the employment relationship between the worker and the company.
This compensation is performed by means of a written, which in accordance with a firm terminates the employment relationship between a worker and the employer, to be signed this writing the employee is free to work under the orders of the employer, and is free to grant other amount the employee
In Mexico, when the resignation is voluntary settlement is not for the worker, only shares of wages, ie Constitutional lost compensation.
To calculate the settlement is necessary:
The last payroll |
In case of a variable salary payroll the last six
The settlement payment is made up as follows:
- Salary of days worked during the month of the resignation
- Payment of leave
- Vacation bonus
- Aguinaldo
When a settlement by voluntary resignation, we have to rely on what we established Federal Labor Law:
Article 76 .- Workers with more than one year of service will enjoy an annual period of paid leave, which in no case be less than six working days, and will increase in two working days, up to twelve, for every subsequent year of service
Article 80 .- The employees are entitled to a premium of not less than twenty-five per cent of the wages which they are entitled during the holiday period
Article 87 .- The employees are entitled to an annual bonus to be paid before the twentieth day of December, equivalent to fifteen days’ wages, at least.
Those who have not completed year of service, regardless of whether they are working or not the settlement date of the bonus shall be entitled to be paid proportionally the same, according to the time which they have worked, whatever it .
The plant workers are entitled to a seniority premium in accordance with the following standards:
I. Seniority premiums consist of the amount of twelve days’ pay for every year of service;
II. To determine the amount of salary, subject to the provisions in Articles 485 and 486;
III. Seniority premiums are paid to workers who voluntarily separate from employment, provided that persons under fifteen years of service, at least. Also be paid to those who are separated for cause and those who are separated from their employment, regardless of justification or unjustifiedness of dismissal;
IV. For payment of the premium in cases of voluntary withdrawal of the workers, the following rules:
a) If the number of workers who retire within one year does not exceed ten percent of all workers in the undertaking or establishment or in a particular category, payment is made at the time of retirement .
b) If the number of workers who retire exceeds ten percent will be paid to those who are first removed and may be deferred for the following year the workers paying in excess of that percentage.
c) If the withdrawal is made at the same time by a number of workers greater percentage required, the premium will cover those who have more seniority and may be deferred for the year following the payment of that corresponding to other workers;
It is advisable not to sign until it is conformity.