When a temporary contract ends, the company must settle all outstanding amounts with the worker. This includes the salary corresponding to the last days worked, unused holidays, the proportional part of extra payments, and any other pending amounts.
Additionally, some temporary contracts may include compensation for contract termination. For this reason, it is advisable to carefully review the document before signing it and ensure that all amounts are correct.
One of the most common mistakes is to think that final settlement and compensation are the same. The final settlement includes amounts that the worker has already generated during the employment relationship. Compensation, on the other hand, depends on the type of contract and the reason for its termination.
What Items to Check
Before accepting the company's settlement, it is advisable to review the start and end dates of the contract, the outstanding salary, the holidays accrued but not taken, the extra payments, and any salary supplements that have not yet been paid.
It should also be checked whether compensation for the termination of the temporary contract is applicable. In certain cases, it can be calculated based on 12 days of salary for each year worked, although there are contracts for which this compensation does not apply.
When there are doubts about the included amounts, it may be helpful to consult employment lawyers in Santander to review the documentation and check if the settlement proposed by the company is in line with what is due.
Pending Holidays and Extra Payments
Holidays that have been accrued but not taken must appear in the final settlement. The same applies to extra payments when they are not prorated in the monthly payroll.
These items can cause the final amount to be very different from what the worker expected to receive. Therefore, it is not advisable to limit oneself to checking the total figure: it is better to review each item separately.
What to Do If Money Is Missing
If the company does not include any amounts, the worker can claim them. The general deadline for claiming employment amounts is one year from the time they could be demanded.
In these cases, it is usually necessary to first calculate the debt, gather contracts, payslips, and other documentation, and submit a conciliation request before going to the Social Court.
To learn more about what items should appear and how to check them, this guide on final settlements upon contract termination can be consulted.
Reviewing the final settlement before signing it allows for the detection of errors and timely claims for any outstanding amounts.
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