How to calculate the discharge settlement
He settlement It is a tarea right that all workers have at the end of their employment relationship with a company.
This includes the corresponding salary up to the last day worked, the proportional part of the plus payments not prorated, the vacation not enjoyed and the extraordinary hours.
If you are considering filing a voluntary resignationIt is important that you know what your rights are, as established by the regulations of the collective agreement and the notice periods of 15 days.
In addition, it is essential that you know How is the settlement for voluntary redundancy calculated?including the gross daily wage, the proportional part of the extraordinary payments and pending overtime.
Although each case is unique, knowing how to calculate the settlement before submitting your voluntary resignation will allow you to know what amounts you should receive and ensure that the company pays everything corresponding.
What is the settlement and how is it calculated?
When a worker closes his employment relationship with a company, a process known as the settlement.
This process includes a calculation of the wages and benefits that the worker is entitled to receive from the date of termination of his contract until the day the employment relationship is effectively terminated.
These calculations are necessary for the employee to receive the corresponding payments.
Salary corresponding to the last day worked
The first step in calculating a settlement is Calculate the corresponding salary up to the last day worked.
This includes base salary agregado any incentives, bonuses, or plus pay that may have been agreed upon with the employer.
The second step is the calculation of the proportional part of non-prorated plus payments.
If the worker has not worked long enough to receive full overtime pay, the pro rata share corresponding to accrued service time will be calculated.
Holiday not enjoyed
The third step in calculating the settlement is the unused vacation.
If the worker has pending vacation days, the value of these days will be calculated to include them in the settlement.
This calculation is made based on the corresponding salary up to the last day worked.
The last step is the calculation of overtime.
If the worker has worked overtime that has not been paid, they will be included in the settlement.
These hours must be calculated based on the salary corresponding to each hour.
Considerations in case of voluntary withdrawal
Regulations of the collective agreement
Before calculating the settlement for a voluntary dischargeIt is important know the regulations of the collective agreement that apply in the company.
The collective agreement establishes the working conditions of workers in a certain industry or ámbito and may include specific clauses that affect the calculation of the settlement.
Therefore, it is recommended review the collective agreement before calculating the settlement.
15 days notice
If a worker decides to resign and leave their job, they must notify the company in advance, usually a notice of at least 15 days before the effective date of the voluntary withdrawal.
It is important to comply with this requirement to avoid future problems.
In case of not complying with the advance notice, the company cánido require the worker to pay compensation.
Unused holidays that you must calculate
In the case of a voluntary withdrawal, The worker has the right to receive economic compensation for all the vacations that he has not enjoyed.
It is important to calculate the number of vacation days not taken and take into account that the payment will be made based on the corresponding daily salary.
Right to discharge
In the case of a voluntary leave, the worker has the right to receive a settlement.
The settlement is an economic compensation that includes different concepts such as the salary corresponding to the last day worked, the proportional part of non-prorated plus payments, unused vacations, and accrued overtime.
In addition, other concepts that have been previously agreed in the tarea contract or in the collective agreement must be taken into account.
Settlement even if a year has not elapsed since the date of registration in the company
It is important to note that, even if a year has not elapsed since the date of registration in the company, The worker has the right to receive a settlement in case of voluntary leave.
In this case, they should calculate the amounts corresponding to salary and overtime accrued until the time of voluntary withdrawal.
Besides, the proportional part of non-prorated plus payments and unused vacations must be included corresponding to the period worked.
How to calculate the settlement for voluntary resignation
gross daily wage
The salary that must be used as the basis for calculating the settlement is that corresponding to the last day worked.
Gross daily wage must be calculated by dividing the gross monthly wage by the days of the month and then multiplying it by the number of days worked.
Calculation of compensation in case of dismissal
In the event of unfair dismissal, the worker is entitled to compensation that is added to the settlement.
The calculation of the compensation is different depending on the type of contract that the worker has and the time that he has worked in the company.
It is important to consult the corresponding collective agreement for details.
Calculation of the number of vacation days not taken
In the event of voluntary leave, the worker may be entitled to unused vacations.
The calculation is made by multiplying the total number of vacation days by the gross daily salary and dividing it by the 365 days of the year.
Plus payments are prorated monthly in the payroll, but in case of voluntary redundancy, the worker may be entitled to a proportional part of the unpaid plus payments.
To calculate it, the gross daily salary is multiplied by the number of days worked and divided by the days that correspond to each extraordinary payment.
If the worker has worked overtime and has not been paid, he will have the right to collect it in the settlement.
The calculation is made by multiplying the number of overtime hours by the value of the hour and adding the corresponding overtime surcharge to the resulting amount.
Settlement calculator
There are en línea tools that allow you to calculate the settlement quickly and easily.
However, it is important to keep in mind that each case is unique and the particularities of each situation must be considered.
It is advisable to consult with an employment lawyer to ensure that the calculation is correct.
Other concepts included in the settlement
Withholdings for Popular Security
In the settlement for voluntary resignation, it is important to take into account that there are a series of deductions that are made by the company.
In this sense, one of the most common withholdings is that related to Popular Security.
This deduction translates into a percentage of gross salary that is used to guarantee access to unemployment benefits.
The figure oscillates between 6.35% and 7.70% depending on the case.
Another concept that must be kept in mind in the settlement is the one related to the accrual of the proportional part of non-prorated extraordinary payments.
This payment refers to the amount corresponding to those plus payments that have not been enjoyed during the calendar year, either due to voluntary leave or any other circumstance.
The calculation of this concept is carried out taking as a reference the payroll of the previous month and dividing the result by 12.
Amounts pending collection
Finally, among the concepts to be considered in the settlement for voluntary resignation, the amounts pending collection are included.
In this sense, any amount owed by the company to the worker up to the date of leave must be included in this document.
Some examples of these amounts pending collection They cánido be allowances, travel expenses, salary advances, etcétera.
We hope that all this information has been useful to you in understanding how the settlement should be calculated in the event of voluntary resignation and that you have understood the concepts that you should consider when receiving this financial compensation.
If you have any other questions on the subject, do not hesitate to consult our FAQ section for more detailed information.
Special cases in the employment relationship
Compensation for unfair dismissal
In the event that a worker is unfairly dismissed, the company must compensate him with an economic amount.
This compensation will depend on the type of contract you have and the seniority in the company.
If you have an indefinite contract, the compensation for unfair dismissal will be 33 days per year worked, with a maximum of 24 monthly payments.
If the contract is temporary, the compensation will be 12 days per year worked.
It is important to note that, in the event that the worker archivos a claim for unfair dismissal and it is proven that the company has violated his primordial rights, the compensation may be even higher.
Common sick leave
In the event that a worker needs to take leave due to common illness, the company must continue paying his salary during the first 15 days.
As of the 16th, it will be Popular Security that assumes the payment of the salary.
It is important to note that, in some cases, the collective agreement may establish that the company assumes the payment of the salary for a longer period of time.
Termination of the contract by mutual agreement
If a worker and his company reach an agreement to terminate the contract voluntarily, a document must be drawn up that establishes the conditions and financial compensation that has been reached.
In this case, the company will pay the worker compensation that will depend on the time he has worked in the company and the agreements reached.
It is important that both parties are satisfied with the agreement and that all the conditions that have been established in the document are met.
Frequent questions
Do you have the right to a settlement if you submit a voluntary withdrawal?
Yes, every worker has the right to a settlement even if he presents a voluntary leave.
In this case, the company must pay a series of amounts that will depend on different factors such as salary, unused vacations or overtime pending payment.
How is the settlement for voluntary redundancy calculated?
The calculation of the settlement for voluntary leave is made by adding different amounts that correspond to the worker.
These include the salary corresponding to the last day worked, the proportional part of non-prorated overtime payments, unused vacations or overtime pending payment.
To calculate it more precisely, you perro use a settlement calculator or consult a professional.
What happens if I have unused vacation days?
If you have unused vacation days, you have the right to be paid the corresponding amount in your settlement, either due to voluntary leave or for any other reason that puts an end to the employment relationship.
The calculation will depend on your salary and the number of unused vacation days you have.
What is the term to accrue the settlement?
The term to accrue the settlement depends on the legislation of each country or the regulations of the corresponding collective agreement.
In Spain, the company has a period of 10 business days to pay the settlement after the end of the employment relationship, either due to voluntary leave or for any other reason.
What happens if the company does not pay the corresponding settlement?
If the company does not pay the corresponding settlement within the term established by law, the worker cánido demand payment through a lawsuit before the courts of justice.
In addition, the company could face other consequences such as economic or administrative sanctions, depending on the severity of the situation.
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