On the home page of the labor dept there is a question under the liquidation page that asks "cesantia si o no".The answer greatly affects the amount of liquidation pay.Help!
I believe you are correct.
It would be better to have a legal expert answer that question.
But it does sound like they're asking if the person quit or was fired, and that certainly would make a big difference in the payment to be made.
Cesantia is basically severance. You owe it in case of at-will termination but not if the employee quits.
Vacation and Christmas bonus you have to pay either way, and "preaviso" must be paid in the case of at-will termination without giving prior notice to your employee that his employement wil end on such-and-such a date.
Yes, if you dismiss someone or they quit you have 10 days to pay them their liquidation.
If they quit they just get a prorated christmas bonus and a prorated vacation pay if they haven't already had their vacation pay.
If you fire them and they have been with you for over 3 months then you have to pay that plus severance and "pre-aviso" the amount depends on how much they make and how long they were with you.
