Summary table
|
Cause for termination of the employment contract |
Status of workers |
Exempt compensation Personal Income Tax | |
|---|---|---|---|
|
Days of salary for each year of service |
Maximum monthly payments | ||
|
Unfair dismissal |
|||
| Unfair dismissal with contract signed as of 02-12-2012 | 33 | 24 | YES |
| Unfair dismissal with a contract signed prior to 02-12-2012 (Transitional regime) | 45/33 | 42 | YES |
|
At the will of the worker |
|||
|
Termination of the worker |
NO | NO | |
| Termination of the contract due to transfer of work center that implies change of residence | 20 | 12 | YES |
| Termination of the contract due to a harmful modification of the working day, schedule or shift work regime | 20 | 9 | YES |
| Termination of contract due to modification that results in detriment to professional training or impairment of the dignity of the worker | 45/33 | 42 | YES |
|
Collective dismissals (Economic, technical, organizational or production causes and force majeure) |
|||
| ERE approved before 03-08-2009 | 20 | 12 | YES |
| ERE in process or effective in its application as of February 12, 2012 (Income Tax Law, transitional provision 22 | 45 | 42 | YEAH: Mandatory amount for unfair dismissal prior to February 12, 2012. |
| Collective dismissal since 02-12-2012 | 33 45/33 (Transitional regime) |
42 | YEAH: Mandatory amount for unfair dismissal (33 days/24 monthly payments or transitional regime). |
|
objective causes |
|||
| Produced before 03-08-2009 | 20 | 12 | YES |
| Contract to promote indefinite hiring concluded prior to 2/12/2012 (termination for objective reasons, declared or recognized as inadmissible) (Workers' Statute, transitional provision 11) | 33 | 24 | YES |
| Objective dismissal since 02-12-2012 (article 52 Workers' Statute except letter c) | 20 | 12 | YES |
| Objective dismissal for economic, technical, organizational or production reasons and force majeure (art. 52.c) Workers' Statute) | 20 | 12 | YEAH: Mandatory amount for unfair dismissal (33 days/24 monthly payments or transitional regime). |
| Death, disability or retirement of the employer | 1 month in total | NO | YES |
| Temporary hiring | 8-12 | NO | NO |
|
Derived from the termination of special labor relations |
|||
|
Senior management staff |
|||
| Entrepreneur's withdrawal | 7 | 6 | YES |
| Unfair dismissal | 20 | 12 | YES |
| Professional sportsmen | 2 months | NO | YES |
|
Family home service employees |
|||
| Withdrawal with contract concluded since 01-01-2012 | 12 | 6 | YES |
| Withdrawal with contract concluded before 01-01-2012 | 7 | 6 | YES |
| Unfair dismissal | 20 | 12 | YES |