All and all who work are entitled to remuneration. This payment is called a "salary", but what we mean by income?
1. Salary is the remuneration or payment that the worker and the worker received through their work, for the provision of manual or intellectual.
2. Every worker has the right to earn a wage sufficient to cover the normal requirements of their home.
3. To fix it will be addressed mainly to the cost of living, the type of work, the different systems of remuneration, the different production areas and other similar criteria.
4. Also considered wages: bonuses usual, the payment of overtime and payment of weekly rest days and the holidays.
5. On the contrary, it means the money as salary, occasionally, you receive the worker by the employer, being examples of this occasional bonuses or bonuses.
6. The salary and benefits are unalienable and can not be set off or retain. Features
Salary
We must take into account that the wage has some features, which are:
1. Wages must be paid in cash and the type of currency circulating in the country.
2. It is forbidden to pay wages records, vouchers, notes, coupons or other symbol which is legal tender.
3. The wages are set freely, but never be less than minimum wage for each sector.
4. The / workers who are working in the same company or establishment and perform the same work, should earn the same salary, without distinction of race, sex, religion, color, nationality, political opinion or any other
discrimination 5. The wages must be paid at the agreed place either in the employment contract or the internal regulations of the company.
6. In cases where there is no place has been agreed in both documents, shall be paid at the place where the employee or employees work
7. Wages must be paid in full, that is, completely, and can not be compensated by other means. Forms
stipulating the salari0
According to Article 126 of the CT, the main ways of stipulating the wages are:
a) Per unit of time: when wages are paid according to amounts of time invested without special consideration to the result of work;
b) Per unit of work: when only taking into account the quantity and quality of work or work done, paying for parts or assemblies produced or specific measures, regardless of time served;
c) mixed system: when you pay According to the units or work done during a working day
ch) For task: when the worker is obliged to make a certain amount of work or work in the day or other agreed period of time, meaning that fulfilled day or period of time as the completion of the work posted on the task;
d) The commission, when the worker receives a percentage or amount agreed to by each of the operations performed. If the resulting commission is less than minimum wage, paid the latter. The Commission will accrue from the time of the respective operation has improved, but if operation give rise to multiple payments on different dates, fees may be agreed number of payments in which case the fees will accrue from the time such payments were made;
Every year, each employer is obliged to provide their workers a bonus, plus salary, by way of bonus, which must be paid between 12 and 20 December each year.
When declared terminate a labor contract with responsibility for employer before 12 December, the laborer shall be entitled to be paid an amount of money by way of bonus, with the number of days worked in the company.
to know what is the minimum amount that every worker should receive by way of bonus, we can see the following table:
- With 1 year or more and less than 3 years of working in the company 10 days 'salary under
- With 3 years or more and less than 10 years work in the company of under 15 days' wages
- With 10 years of service in the same company 18 days' salary under
1. Having a year or more to be working for the company.
2. But workers at December 12 have not completed one year of working for the company, they pay a sum of money in respect of bonus proportional to the time which he has worked to 12 December.
This means that if a worker / a not issued a working year to 12 December, but for example, only eight months, will be entitled to bonuses, but calculated based on these eight months.
3. Not having, during the period from December 12 last year to 11 December of the year in which the bonus would be paid more than two unexcused absences in two months, whether they followed or not and if failure has not been a full day.
An example of how to calculate the full bonus and proportional:
Pepe's continuous case, which began work on February 3, 2002 and was dismissed on April 17, 2008. He earned a salary of $ 350. First get the full bonus:
Knowing the number of years that Joe has worked in his case is 6 years. As explained above, by having more than 3 years and less than ten, it deserves a Christmas bonus equivalent to 15 days. If Pepe earning $ 350 a month (30 days), the salary of 15 days we get to divide that amount by 2, which gives us $ 175.
Steps to get the bonus proportional to:
Step 1: Calculate the bonus that corresponds, as already said, is the salary of 15 days, or $ 175 have 6 years of work.
Step 2: Calculate the number of days there since 12 December last year until the date of dismissal. Between December 12, 2007 until April 17, 2008 is 128 days.
Step 3: Multiply the bonus owed for the number of days between December 12 last year and the date of dismissal and the product is divided by 365 days a year:
128 days X $ 175 / 365 days = 61.37 dollars (Aguinaldo Proportional)
The working person is entitled to a rest period with pay to replenish their energy after one continuous year of work.
1. The workers are entitled to a vacation period of fifteen days, which will be paid basic salary equivalent to those days, plus 30%.
2. This period of fifteen days, it can be extended by a week breaks or days off which falls within this period.
existing requirements for entitlement to vacation are:
1. Having a year of continuous working to the same company, which is run from the date the worker started the provision of services in that company and will expire on the same date the following year.
2. Have a minimum of 200 days worked during the year, although the contract is not required to work every day of the week, or be required to work maximum ordinary hours.
Other items to consider are:
1. For the workers can enjoy the time period for a vacation, the employer shall notify, at least 30 days before the date start them.
2. However, it also may provide that all personnel of the enterprise or establishment collectively enjoy, within a period of paid annual leave, in which case it is not necessary that the worker meets the continuous year worked, or with 200 days required anteriormente.De Similarly, the employer may, in agreement with most workers, split within fifteen days of vacation in two or more periods within a year of work.
4. Where to declare the contract terminated by a fault of the employer, or when the worker was fired without legal cause in fact, have the right to get paid vacation days, in proportion to time worked , he would have received.
5. On the other hand, if the worker has already completed year of continuous service, but the contract ends without liability to the employer, it must pay the worker the remuneration he is entitled to holiday pay.
An example of calculation of full vacation:
For Pepe, who joined to work on February 3, 2002, dismissed April 17, 2008 and earned a salary of $ 350.
The law says the person who shall be entitled to 15 vacation days' salary, if that's Pepe $ 175 plus 30%: 30%
we obtain the following formula:
So this 30% plus the allowance equivalent to 15 days salary, gives the next total: 175 +
52.50 = 227.50 (Vacations Complete)
How to calculate the proporcinal vacation?:
Step 1: Count the number of days between the date they went to work and the date of dismissal. In this case, Joe began working on the 3rd of February, then from that date until 17 April (date of dismissal) is 75 days.
Step 2: Multiply the number of days worked during the year (counted from the date of commencement of work until the date of dismissal) by the total amount of vacation complete, ie, 227.50 dollars, and the product is divided by 365 days per year: 75
227.50 days X U.S. $ / 365 days = 46.74 dollars (leave proportionate)
When a working person has been hired for an indefinite period and is fired from his job without good cause, will right for the employer to compensate.
Compensation shall be an amount equal to base salary thirty days per year worked and under no circumstances, compensation may be less than the basic wage of fifteen days.
On the other hand, when a worker has been hired for a defined period and was fired without cause before the expiration of the contract, the worker is entitled to be compensated with an amount equal to basic wage he has established over time that fails to expire.
For these cases we must consider what forms of dismissal:
1. Constructive discharge: occurs when a worker or worker not be allowed entry into the workplace, within the appropriate time.
2. Direct dismissals: does the employer himself or through his employer representatives.
3. Fact or Unfair dismissal: it occurs in three situations: a.
When without a just cause, the employer reduces the wages of a worker or perform any act having the same effect, or move to a position of less importance, or intended for performance of work of a different nature than the agreed the contract. B.
To commit the employer in the workplace, against the worker or the group of workers in these working and which are part of, or against the entire staff of the company, acts that seriously injured their dignity , feelings or morals.
c. Ill-treatment by word or deed, by the employer or head of the company or establishment, against the worker or against his spouse, ascendants, descendants or siblings, provided that the employer or bosses knew the family bond. Principal
violation of the right to compensation
The main violation of the right to compensation is precisely the failure of payment by the employer as appropriate under the law or when it is paid only partially, said in an amount less than that share. "
Example of a correct payment of compensation: Rosa has worked
for the factory "Towels fine" for two years. One day, the employer tells you no longer want to work for him. However, he said that to avoid legal problems, he will pay his time for the two years he has worked there. So, the employer pays monthly salaries Rosa dos because he worked two years at the company, ie one for each year.
An example of calculation of compensation in proportion:
Pepe went to work in a toy factory on February 3, 2002 and was dismissed on April 17, 2008. He earned a monthly salary of $ 350 (U.S. $ 350.00). To get compensation Proportional must know the exact number of days that Pepe has worked, which in total is 2.266 days.
now use the following formula: Multiply the total days worked by the monthly salary and that product is divided by 365, which is the number of days to a year.
(Total of days worked: 2.266) x (Monthly Salary: $ 350) ÷ (Total of days in a year: 365)
We then proportional to the compensation that is due is $ 2,172.87 Pepe.
Very important!
As can be seen, it is essential to know the precise day on which the person entered the workplace and the date of dismissal and the wage base.
