When a worker is fired, the patron must pay the liquidation of labor benefits the same day that the employment relationship ends, at which time the rights and obligations between both parties are also extinguished, in accordance with the article 76 of the Labor Code.
With information provided by a labor advisor from the Ministry of Labor and Social Welfare (Mintrab)this medium confirmed that payment must be made immediately and that, subsequently, both parties can sign the employment settlement.
However, in practice the situation is usually different. According to a survey conducted by Free press Among people who recently terminated an employment relationship, it is common for companies to report that the severance check will be available several weeks after termination, even up to 30 days later.
The 30 days are for claiming, not for the employer to pay
One of the people who were interviewed by Free press He reported that, after being fired, his employer informed him that the workers compensation would be delivered32 business days after the termination of the contract.
When consulting the case with the General Labor Inspection (IGT)a labor advisor explained to him that the correct procedure was for the settlement to be delivered on the same day of dismissal.
The IGT advisor clarified that the article 260 of the Labor Code establishes a deadline of 30 business days for him to workdor claim any labor law that has not been granted, counted from the end of the employment relationship. However, he emphasized that this period does not constitute a period for the employer to pay labor benefits, since these must be canceled on the same day the employment contract ends.
In other words, that period does not authorize the employer to pay within 30 daysbut corresponds to the time that the worker has to present an administrative claim before the General Labor Inspection or go to court.
What can you do if you were not paid the severance pay on the day of dismissal?
A person who was terminated from his job at the beginning of July and consulted his case before the General Labor Inspection (IGT) He reported that a labor advisor explained to him that, if the employer does not deliver the settlement on the day of dismissal, there are two alternatives to protect his rights:
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- Request the interruption of the prescription.
In a consultation carried out by this means, the General Labor Inspection confirmed that, in these cases, the worker can choose to file a complaint or request the interruption of the prescription.
“The General Labor Inspection, as the entity in charge of ensuring compliance with labor legislation, assists users who appear before the departmental delegations arguing this point and those who do not wish to file a complaint, in these cases, they are advised and provided with a format to immediately present the request to interrupt the prescription, this operates with the objective that the worker continues negotiating with his former employer and thus prevents the prescription from running against him.”
General Labor Inspection, Ministry of Labor and Social Welfare
File a complaint
He Mintrab indicated that the worker is not obliged to wait for the 30 business days to pass to act.
If you believe that the employer will fail to pay the settlement, you can file a report immediately or initiate legal proceedings.
After receiving the complaint, the General Labor Inspection follows up on the case and seeks to ensure that the employer complies with the payment of the corresponding benefits.
If during the process the former worker receives the settlement, he or she will be able to withdraw from the process without any inconvenience.
The authorities explain that this measure also prevents the deadline established in the article 260 of the Labor Code to claim labor rights.
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Request interruption of the prescription
If the worker prefers to wait before filing a complaint, he or she can request the interruption of prescriptiona mechanism that suspends the deadline to claim your labor benefits.
With this management, the period of 30 business days is counted again, which gives you more time to wait for payment and, if it does not materialize, subsequently take the corresponding legal actions.
It is important to clarify that the prescription can only be requested once during.
To request this procedure you must provide:
- The company name of the company (essential).
- The address of the former employer.
- The date of termination of the employment relationship.
- The number of NIT of the former employer, if you know him.
Labor advisors recommend verifying what the company name of the company, since in many cases the commercial name under which it operates is different from the one legally registered.
Where can you carry out the procedure?
He Ministry of Labor reported that workers can file complaints or request the interruption of the prescription through the following options:
- Going to the General Labor Inspectionlocated on the first level of the Torre Empresarial Building, 7a. Avenida 3-33, zone 9, Guatemala City, or to the nearest Departmental Directorate of the Mintrab.