LABOR QUIT
When somebody leaves the work will be able to occur to initiative of the employee or of the employer indifferently, both will be able to make it with or without cause justified in agreement with established in articles 78° to 93° of the Labor Code.
Without justification dismissal:
Indemnification
The employer will have to pay to an indemnification equivalent to 15 (fifteen) daily wages by every year on watch or fraction of 6 (six) months.
Advance warning
When on is a contract per indefinite time, no of the parts will be able to finish it without giving previous warning to the other, according to the following rules:
- Turned the period of test up to 1 year on watch, 30 days of advance warning.
- Of more than 1 year and up to 5 years of antiquity, 45 days of advance warning.
- Of more than 5 years and up to 10 years of antiquity, 60 days of advance warning.
- Of more than 10 years of antiquity in ahead, 90 days of advance warning.
Resignation of the worker
When the worker voluntarily retires (he resigns) the employer must pay the wage until the last day of work, the proportional Christmas bonus that corresponds and the proportional vacations to him to the period until which work the employee, in addition to the caused vacations.
When the retirement is without justification of the employee causes damages to the employer, it will payment responsibility nonsuperior to the equivalent one of half of the indemnification by dismissal without reason.
On the taxable wage, indemnification, advance warning and paid vacations the percentage corresponding to the indirect labor costs is applied (9%).
