¿What is it?
It is a legal institution that allows the worker to put a term in their employment relationship with the employer, but ensuring payment of compensation that corresponds. Of course, as long as the employee has complied with the obligations imposed in the employment contract, which must be in force.
It would be a kind of “resignation”, but with the right to pay legal compensations, so your years of service are not lost.
Situations That Allow Use
When the employment turned into a misconduct of a serious and duly proven nature (labor harassment, insults, sexual harassment, among others).
That has made an act or omission in the operation of the establishment, the safety, health or activity of workers
Serious breach of contract obligations.
¿How is it done?
Letter delivery (first step): this should contain all the causes invoked and the facts on which they are based. First, it is personally delivered to the employer or sent to his home. And in the second, a copy is sent to the respective Labor Inspectorate. All in the term of three working days from the separation of the worker.
Demand (second step): within the term of sixty working days from the termination of the contract, you must demand a lawyer before the courts, to demand the corresponding payments.
If the judge grants it, the worker receives:
Compensation: substitution by prior notice + for years of service (50% in case of serious breach of contract and 80% in case of other cause).
Other amounts, such as unpaid contributions.