Getting fired can be a very bad experience. However, there are rights guaranteed by law, which need to be fulfilled in order not to leave the worker even more helpless. To claim your rights, you need to know what they are.
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Rights upon dismissal
Your rights upon dismissal vary depending on the cause that led to the end of the contract. They change, for example, if you resign, or suffer a layoff by the company. As well as they also change if you comply with the prior notice or not.
If the employee is dismissed without just cause, the first valid point to comment is in relation to the payment of the salary balance. In this calculation, all days worked in that month are included, up to the day of termination.
Still in this same case, it will be necessary to make the adjustment regarding the 13th salary. For this, the number of months worked must be taken into account. In this way, it is possible to receive the amount proportional to the period worked. It should also be noted whether or not there are open vacations.
For that worker, the withdrawal of the FGTS related to that employment contract must also be ensured. work, as well as compensation of 40% of the value of the FGTS withdrawal and guides to apply for insurance unemployment. In addition, there is prior notice, which must be indemnified or worked on.
Prior notice, that is, notice that the employment relationship will be terminated, must be communicated at least 30 days in advance. After the notice, the company has the option to fire the employee after working for the 30 days, or to fire him immediately.
As for cases in which the dismissal is made for just cause, the worker loses virtually all rights. This professional only receives the salary for the days worked in the month, in addition to the vacation due from previous years, if any.
According to the New Labor Legislation, there is still the modality of consensual dismissal. In this situation, company and employee agree to terminate the contract. Thus, the worker receives his vacation and 13th salary proportionally, as well as other benefits. However, he will not be entitled to unemployment insurance.