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I am an spanish attorney
Only you have paro if you are fired
If you ask for the finiquito and leave the job voluntary you will have no right to paro
One moment. Please let me know what conditions are required in order to get my finiquito and the paro.
If your labour contract ends and you do not want to sign another one you have the right to paro
Has you been fired ?
I am currently employed with an indefinite contract.
In order to get paro you must be fired
You could make an arregement with your employer in order to be fired and get paro
My understanding is that there are two ways to be fired. Correct? One is if the company asks me to leave and the other is if I am fired because they are unhappy with my work?
No, its just the same way
Once they want to broke the contract with you they have 2 ways
Or to fire you because they are unhappy with you and they do not pay anything but you could demand in labour court
If they use the second way they have to probe you are a bad worker, lazy, or whatever
They can use procedente or improcedente?
Does that not affect the amount of finiquito or paro?
Procedente its when they are right and have reasons to fire you
Of course it affects
Procedente you do not got an indemnization ( Only finiquito )
Improcedente you got your finiquito plus an indemnization
The indemnization for improcedente its 45/33 days per year
Ok, one moment. Please confirm, if I am fired (procedente) I get the finiquito and paro.If I am fired (improcedente) I get the finiquito, paro and an indemnization. IS this correct?
BUT you lose the indemnitation
Tou have got right to paro in all cases when you are fired
Please let me be clear. The "finiquito" is not the same as the "indemnization" you are refferring to?
Finiquito its the money the employer has to pay you because its your
No its not
Last nomina ( Wave) extraordinary hours, holydays and so on
It is finiquito, Its yours
BUT when you are fired you have right to indemnization unless the emplyeer probes the reason to fire you because you are a bad worker
Okay, So (1) I am entitled to the paro if I get fired.
Sure In all cases
(2) If I am fired (procedente) I am entitled to the finiquito AND an indemnization.
But if you no agree with the reason in improcedente you could demand in labour court
I understand. 1,2 and 3 are true, yes?
1 and 3 yes
Where its 3 ?
1 and 2 yes
You have right to paro in all cases you are fired
Okay (1) is clear.
In orde to get paro and indemnization the fire has to be improcedente
You do not have indemnitation if the fire its procedente
1 clear perfect
2 Procedente You NOT have right to indemnitation You have finiquito
3 Imorocedente Finiquito + indemnitation
This is the first time I hear that "finiquito" is different from "indemnization". I will research the difference. Can you suggest where I can find the difference? I do not wish to take too much of your time.
Well Sir. I have to clarify
You have to difference 2 parts
Once I call finiquito its the sum from your rights. Its yours fired or leaving by your self
The other one its indemnitation. You only has the right if the employer has no right to fired you
So. When you are fired you have 2 sums. Finiquito ( Its yours by your right ) and the indemnization wich its your because th employeers wants to fired you
Its very commun to think about finiquito with the indemnitation but its not the same
Always you leave a job you have right to finiquito, not always indemnitation
I gently ask a good rate of my service if you got it clear now
Excellent Service. Thank you very much.
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