"Finiquito vs. Liquidación: ¿Cuál es la diferencia y por qué es importante?"

Summary

In this video, Sergio Castillo, a labor attorney from Monterrey, explains the key differences between a 'finiquito' (settlement) and 'liquidación' (severance payment). He breaks down when each is applicable and what rights workers are entitled to in various scenarios, including voluntary resignation, unjustified dismissal, or contract termination. Castillo emphasizes workers' irrenunciable rights and the legal process surrounding severance claims. He provides advice for workers dealing with potential dismissal or mistreatment and encourages seeking legal counsel to ensure fair compensation. This video aims to clarify these important legal concepts in simple terms.

Takeaways

• 😀 The difference between 'finiquito' (severance payment) and 'liquidación' (settlement) is a common question, and both are ways employers compensate workers after the termination of their employment.
• 😀 'Finiquito' applies when a worker voluntarily resigns, their fixed-term contract ends, they pass away, or the employer justifiably rescinds the contract due to employee misconduct or other valid reasons.
• 😀 Workers entitled to 'finiquito' are compensated for vacation, vacation premium, Christmas bonus (aguinaldo), earned wages, attendance rewards, productivity bonuses, and savings fund contributions.
• 😀 Rights in 'finiquito' are non-waivable but can expire within a year, as explained in previous videos about legal prescription.
• 😀 'Liquidación' is applicable when a worker is unjustly fired or when the employer rescinds the contract without justification. It includes all the rights found in 'finiquito'.
• 😀 Workers dismissed unjustly are entitled to three months of salary as indemnity, as well as their earned rights from 'finiquito'.
• 😀 'Liquidación' also includes seniority premium, which is due even if the worker has less than 15 years of employment, unlike in 'finiquito'.
• 😀 Additional benefits in a 'liquidación' include 'salarios caídos' (unpaid wages) and 'veinte días por año' (20 days' pay for each year of service), which are subject to legal dispute and can be claimed in court.
• 😀 Workers should be aware of the importance of knowing how much they are entitled to upon resignation or unjust dismissal, as it’s crucial for negotiating the final settlement.
• 😀 In cases of workplace harassment (acoso laboral), such as manipulation to force resignation, workers should consult a lawyer and avoid signing documents without understanding their full rights.
• 😀 The video encourages workers to reach out to labor lawyers for advice, especially using technology like Zoom or WhatsApp for consultations regarding their cases.

Q & A

What is the difference between finiquito and liquidación?

Finiquito and liquidación are two types of severance payments made by an employer when the employment relationship ends. Finiquito is given when an employee voluntarily resigns or a contract ends, while liquidación is for cases of unjustified dismissal or an unjustified contract termination by the employer.

When is an employee entitled to finiquito?

An employee is entitled to finiquito when they voluntarily resign, when their fixed-term contract ends, when they pass away, or when there is a justified termination of contract by the employer (e.g., due to multiple absences).

What rights are included in the finiquito payment?

The rights included in finiquito are vacation pay, vacation premium, unpaid wages, attendance and punctuality rewards, productivity bonuses, a savings fund (if applicable), and a seniority bonus if the employee has worked for 15 years or more.

What happens to the seniority bonus in the case of finiquito?

The seniority bonus is included in the finiquito only if the employee has worked for 15 years or more with the employer.

What is the deadline to claim irrenunciable rights in Mexico?

In Mexico, irrenunciable rights, even though they cannot be waived by the employee, are subject to a one-year limitation period for claims, meaning employees must assert these rights within one year of their termination.

When is an employee entitled to liquidación?

An employee is entitled to liquidación in cases of unjustified dismissal or unjustified termination of contract by the employer, meaning the employer has not provided a valid reason for the termination.

What rights are included in the liquidación payment?

Liquidación includes all the rights covered in the finiquito (vacation pay, bonuses, wages, etc.), as well as an indemnity of three months' salary for unjustified dismissal, a seniority bonus (regardless of years of service), salaries for the period following dismissal, and 20 days of compensation per year of service (subject to legal action).

How is the indemnity for unjustified dismissal calculated in liquidación?

The indemnity for unjustified dismissal is calculated as three months' salary, which is part of the liquidación. This is compensation for the employer's failure to provide a valid reason for the termination.

What does 'salarios caídos' refer to in the liquidación context?

'Salarios caídos' refers to the wages an employee is entitled to receive for the period following their dismissal, typically paid for up to 12 months. This is part of the liquidación if the dismissal is ruled unjustified in a legal proceeding.

What is the significance of the '20 days per year' compensation in liquidación?

The '20 days per year' compensation is part of the liquidación and is awarded for each year of service if the employee’s dismissal is deemed unjustified. However, it is subject to legal proceedings, meaning it is only paid if a court ruling supports the employee’s claim.