Claiming is never a pleasant process, but it is a right that we workers have and that we should use when our relationship with the company is not going well. There are labor lawyers who defend us when it comes to filing a labor claim. But, in practice, very few people know how to do it. How to make a labor claim? Next, we leave you all the information.
Reasons for initiating a labor claim
Before making a claim, the first thing to do is to know if the reasons for it can be fought. The ideal way to do this is to consult with legal professionals who bring these issues, especially when it comes to layoffs or salary amounts that the company owes.
In these two cases, the most common to initiate a claim, we must always have the necessary documentation and information. From here on, we explain everything you need to know.
Labor claim for amounts owed
If you are a worker and the company owes your money from the salary for non-payment of the payroll or for other concepts, we detail in this section all the necessary information.
The first thing we must do when we are owed salary is to claim it before the SMAC. We have a term of one year from when the default occurs. After submitting the SMAC documentation, we can negotiate a friendly agreement with the company. If this is not the case, there is the possibility of legal claim, the most heavy and slow part, but in most cases the most effective, even in the long term.
How to make a labor declaration for dismissal
If you have been fired from the company, remember this information, because maybe they have not done it correctly. Even, in many cases, the settlement, the salary and the extraordinary payments have not arrived in the amounts that correspond to us. In most cases the labor experts tell you if it is up to you to make a claim for the dismissal or if, on the contrary, it is not advisable.
After receiving the notification with the dismissal, the first thing we must do is a challenge. Accounts with 20 business days from when you receive the notification, not counting the holidays, Saturdays or Sundays.
The documentation to be submitted must be legible, of good quality. If your dismissal has been unfounded or null, it is possible to make a claim, presenting a conciliation slip before the SMAC. The process can take from one to seven month, always depending on whether the company wants to sit down and negotiate.
As in the salaries owed, if the company contacts you wanting to solve the problem, it is always vital that you communicate to the professional lawyers of this fact to verify that your rights are not violated and that what they offer you is adequate.
In this case, the necessary documents that are required for a dismissal are the following:
- Letter of dismissal.
- Work contract.
- Company certificate.
- Work life reports.
If the dismissal is unjustified, there is a compensation of 33 days of salary for each year worked, paying within a period of five days since the judgment is final.
Claiming with the help of labor lawyers is vital to defend our rights before companies. After the labor reform and the increase of unemployment derived from the economic crisis of 2008, many doubts arise on how to make a labor claim, what documentation should be provided and why it should be done, but with this article, we hope to have dispelled your doubts.