Asesor Laboral en Granada: Nuevo Artículo de OYA Abogados & Asesores
Una de las dudas más habituales cuando se finaliza la relación laboral con una empresa es saber cuál es la indemnización que nos corresponde. Hoy analizamos los factores que interfieren en la cuantía que cobrará el trabajador despedido.
¿De qué depende el importe total de la indemnización que cobrará el trabajador despedido?
La indemnización por despido depende fundamentalmente de tres factores:
- El salario del trabajador. En concreto, de la cantidad total de lo que se cobra, lo que denomina salario bruto anual.
- Su antigüedad en la empresa. A la hora de contar los meses de antigüedad del trabajador para la indemnización si se trabaja un día de un mes, es como si se hubiese trabajado todo el mes completo.
- Tipo de despido que se le haya hecho, ya que actualmente, solo tienen indemnización: el despido objetivo, y el despido improcedente. Si un despido es procedente, no hay derecho a la indemnización, aunque si al finiquito.
¿Qué cuantía me corresponde por despido?
Despido improcedente:
Indemnización de 45 días por año trabajado. Solo para trabajadores con contrato indefinido que a fecha de febrero de 2012 hubieran acumulado una indemnización que tenga un máximo de 24 mensualidades.
Indemnización mixta. Si la indemnización resultante en el primer tramo, antes del 12 de febrero de 2012, excede de las 24 mensualidades se cobraría ese tramo completo, es decir, 45 días por año trabajado y un máximo de 42 mensualidades. En el siguiente tramo, a partir del 12 de febrero de 2012, y hasta el momento del despido, se calcularán 33 días por año trabajado, y un máximo de 24 mensualidades.
Indemnización de 33 días por año trabajado. Cuando se tenga un máximo de 24 mensualidades.
Despido objetivo procedente:
indemnización de 20 días por año trabajado. Con un máximo de 12 mensualidades para trabajadores que hayan tenido contrato indefinido o temporal.
Finalización de contrato temporal:
Indemnización de 12 días por año trabajado
También puede interesarte:
Contratos de trabajo en verano
¿Por qué elegir a nuestros asesores en Granada?
¿Aún no conoces nuestras Tarifas Planas para autónomos?
Novedades en el registro de la jornada de los trabajadores
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