Is it better to be fired or to quit?

Is it better to be fired or to quit?

If I resign I can file a lawsuit

Both resignation and dismissal are labor figures that put an end to the formal relationship between worker and employer. But both have advantages and disadvantages, which are essential to take into account when we decide to quit our job.

According to the law, the employee must inform the employer of his resignation (in writing) 30 days in advance. However, the law also allows you to resign in a shorter period of time. In this new scenario, the employer has three days to respond in writing or it is assumed that the resignation is accepted.

Yes, the employee is entitled to receive his bonus, CTS and vacations, both pending and truncated, among other benefits, since these belong to remunerative concepts and not to the termination modality.

It is essential for the employer to send a letter of notice to the employee, detailing the reasons for dismissal so that the employee may exercise his right of defense. If the dismissal is individual, it may be due to misconduct or inability of the employee to work. When the dismissal is collective, it requires more than one cause (the company’s economy, a disaster, etc.) and must be approved by the Ministry of Labor and include at least 10% of the personnel.

Resignation letter

Mexico (Notimex) – If you are not satisfied with the working conditions in which you find yourself, the first thing to do is to evaluate the rights, obligations and benefits that you may have at the end of the contract.

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This is due to the fact that all the benefits that a worker may have may change if he/she resigns or is dismissed. Therefore, the Procuraduría Federal de la Defensa del Trabajo (Profedet) issued a series of recommendations in the event of termination of a labor contract.

The employee has the right to demand the payment of three months’ salary as constitutional indemnity, the payment of the proportional parts of Christmas bonus, vacations, and benefits generated and that were not covered to date.

Advantages and disadvantages of resigning from work

Yes, employers are required to register workers with the IMSS or ISSSTE and to make the corresponding discounts for such benefits. If the employer fails to do so, employees may go to the subdelegations of the corresponding social security institution to request their registration.

To promotion and on-the-job training. To not be discriminated against in order to access or be promoted to a job. To respect for their privacy and physical integrity. To receive the agreed salary in due time and form, as well as Christmas bonus, vacations and vacation bonus. Respect for their physical, ethnic, religious, economic and sexual preference.

Difference between dismissal and resignation peru

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Mexico City: In case of disagreement with the working conditions of your current employment, the first thing to do is to evaluate in advance the rights, obligations and benefits corresponding to the termination of the contract.

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In the event of dismissal, the employee has the right to demand the payment of three months’ salary as constitutional indemnification, payment of the proportional parts of Christmas bonus, vacations, and benefits generated and that have not been paid to date.

In case of receiving threats to report the case for the lawsuit, Profedet refers that the law determines that employers are prohibited to use this action against workers who separate or are separated from work so that they will not be hired again.

The figure, which is the result of the work carried out by the agency in conciliation and legal representation of workers, has been achieved due to the unification of criteria established by the new Federal Labor Law, in force as of December 1, 2012, Profedet stated at the time.

Is it better to be fired or to quit?
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