When a worker is removed from his position, legally he must be liquidated by the company. In case it is shown that the dismissal was for a unfair cause or believes that you have been deceived with working conditions promised, you can start a compensation process.
A dismissal without just cause is considered when the worker is pressured to resign by the worker or there are not sufficient reasons for the worker to be expelled from the company.
In these cases, the person can initiate a labor lawsuit against his employee, according to article 64 of the Substantive Labor Code: «In every employment contract, the termination condition for non-compliance with the agreement is involved, with compensation for damages by the responsible party. This compensation includes lost profits and consequential damages.
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The amount that the worker will receive depends on the type of contract and the time he has been with the company. In the case of contracts to fixed term, necessary for its duration and execution.
In the case of indefinite term, arose from time and other minutiae such as the salary that the worker has. The longer the time worked, the higher the amount.
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If you earn less than 10 minimum wages and have one year in the company this amount will be equal to 30 days of salary. For each additional year to the first, 20 days of salary will be paid.
In case of winning an amount equal to or greater than 10 minimum wages a smaller compensation will be paid, the first year of work will have 20 days of salary and for each additional year only 15 will be paid.
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If the indefinite-term worker was linked for less than a year, the compensation will be 30 or 20 days depending on his salary.
In the case of contracts for work or labor «the value of the salaries corresponding to the time that will be missing (…) of the period determined by the duration of the work or contracted work, in which case the compensation shall not be less than fifteen (15) days.»
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