Tuesday , October 17 2017

Indemnity issue after rehiring back

I have been working in a general trading company since June 2007. My superiors shifted me from one department to another in April 2010. I got information from my HR Department that I was terminated (on paper) in March 2010 and rehired in April 2010. They got my signature on the re-hired/contract paper but they didn’t say they had re-hired me. They only said it was a new policy and I had to sign the paper. Will this affect my indemnity?

Name withheld

Answer: Yes, it does affect the calculation of your indemnity because for the first five years the calculation is based on 15 days a year and after that you are entitled to one month for each year of service. So, if you are terminated and reemployed your indemnity will again be calculated on the basis of 15 days per year. And you have made things worse by accepting the termination and the new contract. You could go to the Ministry of Social Affairs and Labor with a complaint but you are in a “catch 22” situation as you could lose your job. So, it’s up to you to decide.

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