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Practical Income Manual 2021.

D) Exempt compensation derived from termination of the contract at the will of the worker (cessation)

The following assumptions must be distinguished:

1. When the voluntary termination is motivated by any of the following causes:

  1. Substantial modifications in working conditions that result in impairment of the worker's dignity.

  2. Non-payment or continued delays in paying the agreed salary.

  3. Any other serious breach of their contractual obligations by the employer, except in cases of force majeure, as well as the employer's refusal to reinstate the worker in their previous working conditions in cases of geographical mobility and substantial modifications to working conditions. provided for in articles 40 and 41 of the Workers' Statute, when a court ruling has declared them unjustified.

In these cases, the exempt compensation will be the set for the unfair dismissals that we discussed in the previous section.

2. When the termination of the contract at the will of the worker is due to substantial changes in working conditions (working day, schedule and distribution of working time, shift work regime, remuneration system and salary amount, work and performance system and , functions, when they exceed the limits provided for functional mobility) by which the worker is harmed but which do not result in a detriment to the worker's dignity.

In this case, compensation that does not exceed 20 days of salary per year worked is exempt, with periods of time less than a year being prorated by month, with a maximum of 9 monthly payments .

3. Similarly, when the employer notifies the worker of his transfer to a work center other than the same company that requires a change of residence , the worker will have the right to terminate his contract by receiving a compensation of 20 days of salary per year of service, with periods of time less than one year being prorated by month and with a maximum of 12 monthly payments .