When an employment relationship ends, the company must pay the worker more than the salary for the last days worked the proportional settlement and, where appropriate, the compensation that may correspond depending on the reason for the termination of the employment relationship. The document where these concepts will be stated is the settlement, and by means of which it is expressed that the labor relationship has ended.
Keys to understand the settlement
In order for the settlement to produce liquidation effects, it must be signed by the company and by the worker. However, the employee may not agree with the content of the document, in which case he may sign it with the express indication that he does not agree. In this case, the signature will accredit the delivery of the settlement to the worker but will leave open the possibility of claiming from the company for the concepts that it considers incorrect. The worker may request the presence of members of the legal representation of the workers or renounce it.
In this article we will focus on the calculation of the settlement. There are some websites where you can enter data to make the calculation. An example would be this, in which the following factors must be entered:
The gross annual salary.
The number of payments, which will usually be 14 or 15 or 12, if prorated. In some cases, there may even be more, depending on the sector in which you work, as this will be regulated in the applicable collective agreement.
Date of seniority, i.e. the first day of work in the company. This data appears on the remuneration statement or not.
Date of termination of the employment contract, i.e. the last day of wing in the company.
The number of vacation days corresponding to the year.
The number of vacation days taken that year.
Applicable indemnity: will depend on the cause of the termination of the labor relationship. For example, compensation does not apply in the case of voluntary severance of the worker, termination of an interim contract by replacement of a worker on leave, or disciplinary dismissal that has not been declared or recognized as inappropriate. On the other hand, if it is an extinction for objective reasons, the termination of a fixed-term contract (not interim), or the death of the employer, to give some examples, compensation will correspond.
This tool can be useful to make an approximate calculation of the settlement, so that if the result is not very different from the one offered by the document prepared by the company, it will surely be correct. However, if you want to do the calculation more accurately, you can do it manually using a calculator, as it is not a very difficult one. We must bear in mind that, for example, extraordinary payments can be annual, half-yearly or even quarterly, so that the calculation of the settlement for this concept will vary depending on one system or another. If the collective agreement does not say anything different, it will be understood that they are on an annual basis. In case of doubt, it is always advisable to consult a lawyer specialising in labour law.
Which parties have a settlement?
Identification: the first part is dedicated to identifying both parties: the company and the worker. This information must be completed in detail (tax identification number of both, employee Social Security affiliation number, company contribution account number, etc.).
Accruals: in this second section all accrued items are included, such as the salary for the last month worked, holidays not taken, compensation (if applicable), etc.
Deductions: basically they are the Social Security contribution and the IRPF deduction.
Settlement and signature: the amount of the total sum of the net liquid to be received and the space for the signature of the parties.