In the presence of a representative

When delivering the settlement (commonly known as "finiquito") to a worker, they may request the presence of a workers' representative (delegate or member of the works council). Indeed, employees have the right to that request. In fact, the settlement must reflect whether the employee signed it in front of a representative or if they did not take advantage of this possibility. The purpose of this right is to prevent abuses or pressures in the termination of the contract and to ensure that the worker can receive advice and guidance.

If the company denies the presence of a representative and the worker reports it, they may receive a fine of between 751 and 7,500 euros for committing a very serious offense. Likewise, the employee may claim the nullity of the settlement, which will lose its releasing effects. That is to say, despite having signed that the amounts owed by the company were settled, the affected party may claim in court if they later consider that they were not correct (regardless of whether they contest the dismissal itself or not).

 

 

Our professionals will inform you about any questions you may have regarding the settlement and finiquito process.