How to calculate the compensation for dismissal if the company closes

The process of destruction of business fabric causes the closure of many companies, having to fire their workers for economic reasons. A company can dismiss its workers for economic reasons as long as the economic results of the company are negative, that is, have losses or are expected to have. Any company that has a persistent decrease in income can also justify a dismissal for economic reasons. That is to say, that during three consecutive months they have lower income than those registered in the same period of the previous year. In this article we explain how to calculate the compensation for dismissal if the company closes .

Compensation for company closure

The corresponding compensation to the worker for the closure of the company where he works is 20 days of salary per year worked . The Workers' Statute establishes a maximum limit of up to 12 monthly salary.

If the economic situation of the company does not allow the payment of compensation for dismissal, the company is exempted from its payment, as long as the causes are stated in the dismissal letter.

This fact does not affect the worker's right to claim compensation when the dismissal is effective.

In the event that the legal claim made by the worker prospers and it is shown that the company could have made the payment of compensation for dismissal, it must pay compensation of 45 days of salary per year worked, with a limit of 42 monthly payments .

Requirements for dismissal due to the closure of the company

To communicate the dismissal for economic reasons to the worker, the company must meet a series of requirements:

- The dismissal must be made by written communication stating the reasons for the dismissal.

- Simultaneously with the delivery of the written communication of the dismissal, the compensation of 20 days of salary per year worked with a maximum of 12 monthly payments to the worker must be attached. In the event that you can not meet the compensation for dismissal should be argued the causes in this letter.

- The worker must be granted a period of 15 days' notice before the dismissal becomes effective.

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