What does the settlement contain?

[Joywtseo421]

In the post “ I have been fired, what can I do? ” we mentioned severance pay . When the employment relationship between the employer and the employee ends, the company must provide the employee with a settlement proposal for the amounts owed, that is, the well-known “ settlement payment ”. A severance payment is also usually given when an employee is going to start a leave of absence.

Article 49.2 of the Workers' Statute refers to this figure. At the time of signing the receipt of the settlement, the worker may request the presence of a legal representative of the workers. If the employer prevents this, the worker may state this on the receipt itself.

Article 49.2 ET : 2. The employer, on the occasion of the termination of the spanish mobile numbers contract, when notifying the workers of the termination, or, where appropriate, the advance notice of the termination of the same, must accompany a proposal for the settlement document of the amounts owed .

The amounts that the company owes the worker:

Salary for the days of the month in which the dismissal takes place. For example: if I am dismissed on the 7th of the month, the company must pay me the salary for those 7 days.
Unused holidays. If, on the date of termination of the employment relationship, the employee has earned holidays but has not used them, the company must pay for those days and contribute them to Social Security.
Extra payments. You are entitled to a proportional share of any extra payments you have generated. The amount depends on whether they are prorated or not and whether they are annual or semi-annual.
Overtime and other bonuses.
The severance pay should not appear in the settlement, but in the dismissal letter or in another document. If the severance pay is legally established, it is exempt from contributions and taxes, unlike the rest of the severance pay concepts.

Is it mandatory to sign the settlement?
One of the most common doubts of every worker is whether or not he has to sign the severance payment. The worker can act in different ways:

You can sign the settlement. Signing the settlement as is does not imply the impossibility of claiming, but it can complicate things.
Sign it and add “ Not in compliance ” or “ Not charged, not in compliance .”
You may not sign it.
"If you have doubts about the settlement, it is best to write "Not in agreement" or not sign it at all."

If the settlement document is signed, it can be detrimental to the employee if he or she intends to make a claim. The signature is proof that he or she has received the amounts stated in the document. On the other hand, settlement documents usually include a section stating: “ the employee declares the employment relationship terminated without having anything further to claim from the company for any reason .” If signed, the chances of a claim being successful are limited.


If you have any doubts about the amounts that appear on the settlement, it is best to sign "not in agreement" or not sign at all. Never sign if you have not received payment for the settlement.

Recommendations
First of all, it is very important to note the date of the document to be signed. If the date is not correct, it is best not to sign the document and ask for a correction. Secondly, a copy of the document to be signed should be requested.

Do you disagree with the amounts listed on the settlement? Write before signing: “Not in agreement”
If you have not been paid these amounts, write: "Not collected or amounts not received"
If you cannot verify whether the amounts are correct, you can put "pending verification" .
And finally, sign.
If you have not received the severance pay or you are not satisfied, you can file a claim against the company. The deadline is one year from the moment the company should have paid the amounts included in the severance pay.