Get to know your rights and learn how to calculate the right to work

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Get to know your rights and learn how to calculate the right to work

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Although it is an obligation of your company’s personal department, it is necessary that you know how to calculate the labor settlement. After all, it is in your interest to identify the amount due that you will receive as soon as the employment contract with your employer ends.

In order for you to do this on your own and ensure that all calculations have been done correctly, we have prepared this post. Check out, below, everything that will be covered throughout the article:

  • What is it to learn how to calculate the right labor ?;
  • What are the types of dismissal ?;
  • How to calculate the labor settlement ?;
  • What is the deadline for payment of the labor agreement?

Follow us on this reading, then, and learn how to calculate the labor agreement once and for all!

What is it to learn how to calculate the right labor?

As we said, knowing how to calculate the dismissal puts you in a more comfortable position when analyzing your rights due after the end of the employment contract.

AND the labor agreement is nothing more than a resolution of any pending issue between the employer and the employee, and vice versa. Through this bureaucratic process, the bond between the parties ends and the professional can continue with his career with this chapter duly completed.

To do so, learning how to calculate the right job becomes something of great importance. After all, there are different labor rights, and it is important to identify each one of them in the settlement of accounts.

What are the types of dismissal?

Before we talk about hit calculation, how about we understand what is due in different cases of dismissal? This is because, there are four types of dismissal divided into three categories, each of which allows the worker to have access to a varied amount of rights.

Resignation

It occurs when the professional decides to end the employment relationship with the company. In these situations, he is entitled to:

  • your monthly salary (proportional to the period worked until the end of the employment contract) or the balance of your salary;
  • any late wages;
  • proportional thirteenth;
  • vacation (overdue and / or proportional);
  • annual leave.

Don’t worry, later we will explain how to calculate these points, one by one.

Dismissal by company decision

This type of dismissal can occur without just cause and for just cause – both cases are included in the Article 482 of the Consolidation of Labor Laws (CLT) – and guarantee the following rights:

Without cause

  • monthly salary (proportional or salary balance) and any arrears;
  • proportional thirteenth;
  • vacation (overdue and / or proportional);
  • annual leave;
  • FGTS and 40% fine;
  • unemployment insurance.

With just cause

  • salary balance;
  • unsuccessful holidays (plus 1/3 of the value).

If you want to know more about this case, specifically, take the time to read our article that talks everything you need to know about termination for cause!

Dismissal by employment agreement

Perhaps, the calculation of the termination of employment occurs through a work agreement, an alternative that came with the latest version of the Labor Reform. In this situation, it is foreseen:

  • monthly salary (proportional or the salary balance) and any arrears;
  • proportional thirteenth;
  • vacation (overdue and / or proportional);
  • annual leave;
  • FGTS balance and a 20% fine;
  • a portion (half) of the indemnified advance notice if the termination is unfriendly;
  • unemployment insurance.

In view of all the common possibilities, time to learn how to calculate the right labor!

How to calculate the labor settlement?

From the data mentioned above, we will discover, in practice, how you can calculate the labor settlement, step by step!

Wage balance

The salary balance is proportional to the days worked in the month in which the termination of employment contract style=”font-weight: 400;”>. Hypothetically, let’s say that a professional (whose salary is £ 2 thousand) worked between the 1st and 15th of the month. Below, an example to make this clearer:

Therefore, the salary balance to be received, here, is £ 1,000.

Expired and proportional vacations

Vacations expire every 12 months of work. After that, we consider overdue vacations (which corresponds to a salary and an additional 1/3 of that amount) and also proportional vacations – which are the months worked after the first period overdue.

The same is true for terminations that occurred before completing the 12-month period. Thus, if the professional was fired after 6 months in the company, he is entitled to vacation proportional to that period.

Based on the example mentioned in the previous topic, let’s see what this means in numbers:

  • overdue vacation: £ 2 thousand salary + 1/3 = £ 2 thousand + £ 666.66 = 2,666.66;
  • proportional vacation after six months of work: £ 2 thousand divided by 12 (number of months in the year) = £ 166.66. Now, multiplying by the six months worked = £ 1,000.

It is important to know these distinctions when calculating the labor agreement, since each detail can significantly change the final amount of the termination.

Thirteenth

As with vacations, the thirteenth is a proportional paid benefit, if the work cycle does not complete one year. It is equivalent to an extra salary and, therefore, must be calculated month by month.

Still with the same example used above, let’s consider that our hypothetical professional was fired after 10 months of company. Thus, we will have, the following way of calculating the labor agreement related to the thirteen first salary:

  • £ 2 thousand (salary) divided by 12 (number of months in the year) = £ 166.66 per month;
  • £ 166.66 multiplied by 10 (number of months worked until termination) = £ 1,666.66.

Recalling that, after completing an entire year of work, this balance must be complete – the total of £ 2 thousand, therefore.

Early warning

Advance notice is also equivalent to a salary, but it works when a deadline is agreed between the employer and employee for the termination.

Thus, if our professional used in the previous examples has chosen to work a full month after ordering, he will receive the full amount of a salary as notice. If both decide that this deadline is not necessary, the prior notice is therefore not indemnified.

FGTS and a fine of 40% of the total

Under the CLT regime, FGTS is a non-negotiable right for workers. However, as we have seen, dismissal without just cause or with just cause can influence this payment, just as dismissal driven by the employee waives the right to a fine of 40% of the total.

Therefore, let us consider an example in which the employee was dismissed without just cause – remembering that the monthly FGTS deposit, made by the company, corresponds to 8% of the salary – after 11 months of work in the same place. Thus, we have the following way to calculate the labor adjustment:

  • £ 2 thousand (salary) x 0.08 = £ 160 deposited monthly;
  • £ 160 multiplied by 11 (months worked until termination of the contract) = £ 1; 760.

Bearing in mind that this number may vary due to other factors, such as the employee’s vacation month and also that corresponding to the thirteenth salary.

What is the deadline for payment of the labor agreement?

With the new Labor Reform, the company now has up to 10 days – from the termination of the contract – to settle all pending issues related to the labor agreement. This also applies to any type of dismissal as mentioned above.

Now that you already know how to calculate the labor agreement, there is also our invitation to subscribe to our blog newsletter – just fill in your email address, very easy 🙂 – to receive lots of tips and news about workers’ rights!

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