What is voluntary withdrawal and what does it imply?
In the Laboral scenevoluntary termination is the action of a worker who, completely freely and without any type of external pressure, chooses to end his or her employment relationship with a company. This decision is made for personal and subjective reasons, without being linked to specific factors related to the contract or the duration of employment in the company.
When an employee decides to carry out a voluntary leave, it implies that he is willing to resign from his job without the company having asked him to do so. In other words, the worker takes the initiative to terminate his employment contract.
Voluntary leave can have implications for both the employee and the company. For the worker, it logically implies the loss of his current job. For the company, it means the need to find a replacement for the employee.
How to calculate the severance payment if I leave the company?
First of all, you must have the monthly salary reference, and divide it by 30 to know what the gross salary is (in cases where the same salary is collected every month). Next, it must be multiplied by the last days worked.
Once this operation is carried out, it is necessary to incorporate the proportional extra payments until the moment of the decision to leave the job. Finally, it is essential to consider the percentage corresponding to the vacation days that you have not had the opportunity to enjoy before voluntarily leaving.
Example of calculating severance pay on voluntary leave
- Profession: engineer.
- Monthly salary: 2,800 euros.
- Age: 2 years.
- Date of voluntary withdrawal: March 15.
- Notice: 15 days.
To calculate your gross daily salary, simply divide the €2,800 by 30 days, resulting in €93.33 per day. Then, multiply this value by the 15 days worked in the month of March, which gives you a total of €1,400 to receive in your settlement.
Calculation of vacations not enjoyed, settlement
To determine the total amount to receive in summer extra pay, we must consider the days from January 1 to March 15 (your last day worked). With a monthly salary of €2,800, this is calculated as: €2,800 x 74 days / 360 = €573.33. Therefore, you will receive €573.33 in corresponding extra payments.
What do they have to pay me for voluntary withdrawal?
When an employee opts for voluntary leave, he or she is guaranteed the right to receive a severance package that covers several aspects:
- Days worked, but not paid.
- The corresponding proportion of vacation days not taken.
- The proration of the corresponding extra payments.
- Any other additional income, such as allowances, in its proportional part.
It is important to note that during the notice period, the employee has the right to remain in his or her job and continue receiving his or her usual salary. However, it is essential to keep in mind that, in cases of voluntary resignation, the worker does not have the right to request unemployment benefits, since it is he who has made the unilateral decision to terminate his employment contract.
For this reason, Voluntary resignations are usually requested when the employee has personal reasons of force majeure or has found a better employment opportunity.
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What is the difference between settlement and compensation?
Termination and compensation are different concepts related to the termination of an employment contract, and they differ in their nature and purpose. The settlement is used to settle all outstanding accounts at the end of an employment relationship. It is a document that details the compensation and final payments that the employee must receive and that the company must make to the worker. Its main objective is to ensure that both the employee and the company are in agreement on the amounts that must be paid or received at the end of the contract. It includes elements such as pending salary and benefits, extra pay, vacations not taken and other concepts.
Severance, on the other hand, is a payment made by the employer to the employee as compensation for certain specific circumstances, such as unjustified dismissals. The purpose of compensation is to compensate the worker for losses or damages suffered due to the unfair or illegal termination of the employment relationship. By clicking this link You will access much more information about the voluntary termination settlement.
When you request voluntary leave, do you have the right to unemployment?
When you request voluntary leave from your job, you are generally not entitled to receive unemployment benefits. This is because, according to what is established in legal regulations, in order to be able to receive unemployment, it is necessary that the termination of employment is not on the worker’s own initiative.
The unemployment protection system is designed to provide support to workers who lose their jobs involuntarily, whether due to economic reasons, company restructuring or other circumstances beyond their control.
Exceptionally, there are some cases in which it is possible to obtain unemployment despite having terminated voluntarily:
- Geographic mobility of the work center: If the company requests a transfer of the workplace that implies a change of residence for the employee and this change is unacceptable or generates excessive transfer costs compared to their income, the worker could be entitled to unemployment benefit.
- Substantial modifications to the employment contract: If the employer makes substantial changes to the employment contract that significantly affect the employee’s working conditions and the employee is forced to resign as a result, he or she may be entitled to unemployment.
- Non-payment or delay in payroll payment: If workers do not regularly receive their salaries and this situation persists, they can seek termination of the contract through judicial proceedings.
- Abuse of women in situations of gender violence: In situations of gender violence, where work becomes an unsafe environment or harmful to a woman’s health, voluntary leave could be justified.
2023-09-20 04:18:42
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