When do the 12, 20 and 90 Days Proceed in Labor Matter?
When we talk about the termination of a labor relationship, either justified or unjustified, comes the doubt about which of these benefits correspond to us so, according to the Ley Federal del Trabajo, we will address the issue.
Let’s start with the 12 days per year, stipulated in the 162nd article of the Ley Federal del Trabajo.
This article talks us about the seniority benefit since it is a right that workers have in the following cases.
- Those who quit their job, as long as they had at least accomplished fifteen years of service.
- Those dismissed by a justified cause.
- Those lay off from their job, independently from the justified or unjustified firing.
Such prime will consist of the twelve days’ amount to the double of the current minimum wage and it will be multiplied by each year of service, which must be paid whether the employee had been dismissed from their job in a justified or unjustified way.
On the other hand there are the 20 days per year, which consists in a compensation that proceeds when an employee declares in a lawsuit that was unjustifiably fired and requests before the Conciliation and Arbitration Board to be reinstalled in the job it was doing, however, there are some supposed contents in the law’s 49th article for which the employer is exempted from the obligation to reinstall the employee, which are:
- When the employee’s seniority is less than a year.
- When it is proved before the Conciliation and Arbitration Board that due to the job made and the task’s features, the employee’s in straight and permanent contact with the employer, and it’s not possible a normal development of the employment relationship.
- When it comes to trusted workers.
- When it comes to domestic workers.
- When it comes to temporary workers.
In these cases, the employer by having no responsibility to reinstall will have to pay the compensation consisting of a 20 days pay for each year of services granted.
Finally, we have the 90 days, in this case, when a worker alleges in a lawsuit that was unfairly fired, can request before the Arbitration and Conciliation Board to be indemnified.
In this case, the employer will have to pay the so-called “Constitutional Compensation” according to the 42nd article, which consists of three months salary, based on the one corresponding to the date in which the payment is made. These 90 days or three months will proceed as long as the worker has a ruling in its favor, which means that it had won the lawsuit made; otherwise, the worker won’t be able to demand the 90 days and the so-called “Constitutional Compensation” will be negotiable.