Your Rights if You Get Fired - A Guide
The staff cuts are a possibility you should contemplate given the current economic crisis.
Although these measures are designed to save the company money, if you are dismissed for a reason you, or by decision of the employer, there are inalienable rights that must enforce.
One of the key is that by law must receive compensation constitutional three months' salary.
"Importantly, the calculation of these months must be made not on the net or nominal wages, but on full pay, which includes benefits that are permitted by law, beyond those that the employer has granted to the employee "the lawyer said in an interview and labor professor at the Universidad Panamericana (UP), Uriel Martinez Santacruz.
In addition, the employer is bound by the Federal Labor Law (LFT) indemnizarte to the payment of 20 days per year worked, the proportional share of premium bonuses and seniority, which is calculated based on 12 days per year service.
"To this is added the premium holiday, the sharing of profits, outstanding overtime and additional benefits that have been agreed," he says in an interview the attorney general of the Office for the Defense of Workers (PROFEDET) Joaquín Blanes Casas.
In some cases there are also wage incentives, bonuses or vouchers that must be appropriately covered. You also have the right to share the distribution of profits.
Do not allow abuse
"The lack of labor rights and the contract cause employees are sometimes taken by surprise, so it is essential to know under what terms are working for your employer," says the deputy director of the Commercial Mercer HR Consulting, Ana Velazquez .
For example, the terms of your settlement is subject to the individual contract or collective bargaining agreement that you signed at the beginning of the employment relationship.
• Nobody can force you to sign if being requested by the area of HR to get your settlement do not agree with the calculation presented or have any questions, the recommendation of the experts at work is not to sign any documents. You must know that nobody can force you to sign anything, so do not yield to pressure or intimidation from the company, as this practice, besides being illegal, is punishable by law and may proceed against the employer or whoever is responsible, "says lawyer Uriel Santacruz.
• Retenerte is illegal, some companies are threatening to not let the employee leave the facility unless they sign the settlement. This case is a felony, since it incurs the illegal deprivation of freedom that are criminally prosecuted, "said the deputy director of Mercer. The recommendation is to contact a family member to inform the situation, leave as soon as possible and go immediately to the Federal Conciliation and Arbitration Board or the City PROFEDET and complaints.
• Surveillance does not amount to harassment, there are companies in which the dismissal is accompanied by ongoing monitoring of any member of security to prevent theft from the organization. "This means when handling confidential information or when you have a history of that person to react violently, but that does not harass or intimidate the person," says Ana Velázquez. "This practice is also illegal, since they are violating human rights of the worker, and may proceed against the company," says the professor of the UP.
• Quote requests and advice: a survey by consulting firm Hewitt Associates noted that 39% of Mexican companies are planning to cut some personnel due to the crisis. "Under this premise, it is best to be informed of the contract to know the terms under which the company paid us. It is also necessary to make a calculation of compensation. It is preferable to have the advice of a lawyer or an accountant, "says the director of Talent and Organization Consulting at Hewitt Associates, Jorge Place. If the calculation does not correspond to the figures submitted by the company, it is better not to sign.
• If you are obligated to sign ... if the pressure exerted by the firm that makes the documents, all is not lost. "Despite this, the employee may appear before the labor authorities and say that she was subjected to pressure, so they can still demand payment of fair compensation and liquidation," said Uriel Santacruz. The period for filing an unconformity ranges from 30 days to 365, depending on the assumptions provided by LFT.
• If you are going to trial: a trial by an unconformity is long and tedious process that can last at least six months and more than two years. "70% of processes are resolved in favor of the worker," says the professor of the UP. "While most are won by the same, if you do not have enough resources to survive this time, it is preferable to any settlement with the company," the directive says Mercer. In any case, it is best to go to a labor lawyer and to avoid being prey to the 'coyotes' who only seek to exploit the need of the worker, the manager recommends Hewitt Associates.
• If you have no contract but has not signed a contract, your employment rights and have not changed them anyway. "It is always preferable to have a contract, but if not, the worker is entitled to be paid the agreed salary and compensation," says the owner of the PROFEDET. The evidence that the employee may present in this case, receipts, deposit accounts or testimonials from other workers. Also entitled to payment of the proportionate share of vacation, bonus, bonus utilities, etc..
