Jubilacion empresario sociedad limitada
My boss is retiring
One of the reasons why a worker may lose his job is due to the closure of the company because of the employer’s retirement. In this circumstance, the employee has a series of rights that the company must respect. However, these rights will depend on the type of company, and the procedure for claiming them will be different in each case.
Therefore, in this article, we will deal in depth with the problems arising as a consequence of the closing of a company due to retirement, focusing, above all, on the compensation and procedure to be followed by the company in these cases.
Thus, if the dismissal is justified on these grounds and the company subsequently continues with its activity, the dismissal will be considered unfair. In this case, the employee will have the right to file a claim against such dismissal.
If indeed because of this retirement the company closes and ends its activity, the worker will have to receive a compensation of one month’s salary, in addition to being able to opt for his unemployment benefit with total normality.
Dismissal due to retirement of the employer
In the event that the employer is a natural person, that is to say that the person who hires you is not a company, but a self-employed person, and he/she retires and closes the company, your employment contract will be terminated and you will be entitled to receive a severance payment equivalent to one month’s salary.
The procedure to follow to terminate employment contracts, in this second case, will vary depending on whether the company has 5 or less employees or more than 5 employees.
The procedure to be followed in this case is that the company must give at least 15 days’ notice to the workers of the causes of termination of their contracts, by means of the delivery of a letter stating the cause of the termination of the company’s activity.
If the company terminates your employment contracts, you should file a lawsuit before the labor courts to have your dismissals declared unfair or null and void.
1. Article 49 of the Workers’ Statute regulates dismissal due to the closure of a company. If the workforce has more than 5 employees, a collective dismissal will be applied, while in those with less than 5 employees it is an individual objective dismissal.
Retirement and thank you letter
During the time in which the worker is no longer subject to an employment relationship, he/she will have the right to: partially withdraw the resources of the Retirement, Unemployment in Advanced Age and Old Age Subaccount due to unemployment, as of the forty-sixth calendar day counted from the day he/she became unemployed, under the following terms:
For marriage expenses, as help for marriage expenses and coming from the social quota contributed by the Federal Government in your individual account, you are entitled to withdraw an amount equivalent to 30 days of the general minimum wage in force in the Federal District, as of the date of your marriage. In order to process this withdrawal, you must prove before the IMSS:
It is returned, likewise, in cases of Permanent Total Disability, Permanent Partial Disability, when this is 50% or more, retirement, you will be given the total of the deposits National Housing Fund (before SAR) with an additional equal amount. They may obtain a refund of the contributions paid in their favor, as long as they have not received a loan from the Instituto del Fondo Nacional de la Vivienda para los Trabajadores (Infonavit).
Dismissal due to retirement
In those cases in which the employer is a self-employed individual, i.e., is not incorporated as a corporation, the provisions of Article 49.1.c) of the Workers’ Statute are applicable, which provides that the employees will be entitled to the payment of an amount equivalent to one month’s salary for the retirement of the employer.
However, in the case of a self-employed person incorporated as a Sole-Shareholder Limited Company, this section does not apply to him/her, but he/she will have to follow the procedures provided for in Article 51 of the Statute due to the termination of the legal personality of the company.