It seems incredible that in these times of life, and in the twentieth century, there are countries where workers are dismissed without receiving any payment.
It is unfortunate to see on the streets of many cities, dismissed workers who wander about begging.
We have known parents who have stolen to feed their children after being laid off, they have gone to jail.
We have known unfortunate workers, mothers of families, who after expending the best of their youth in a factory have gotten the boot; many of those unfortunates have had to prostitute themselves so as to prevent their children from starving to death.
The candidates for the presidency make thousands of promises to get to the top, and then laugh at the unfortunates; many of them even have good intentions, but they can do nothing because they are simple puppets controlled by the secret cliques of millionaires; it is precisely those secret cabals who choose and control them, for their own selfish ends.
From a country in Latin America, it’s not important what it’s name is, the illustrious lawyer Dr. Rafael Romero Cortés, was kind enough to send me a wonderful outline on the rights relating to dismissal as they exist in that country; Now we present said outline:
OUTLINE OF RIGHTS RELATING TO UNEMPLOYMENT
The Labour Code, Chapter VII of Heading VIII, gives a general rule in Article 249, which states that every employer is obliged to pay their workers and the other persons indicated in this chapter, upon termination of the employment contract, severance pay of one month’s salary for each year of services, and proportionately for fractions of a year.
Article 250 establishes the circumstances in which the right to enjoy this benefit is lost . The general principle has exceptions and they are enshrined in Article 251 of the same Labour Code – purely family enterprises, casual or transient workers and artisans who work personally in their own establishment, not employing more than five (5) permanent workers outside of his own family.
RESTRICTED DISMISSALS
Article 252 of the substantive labour code says in its first subsection: “Domestic service workers, those of industrial companies with capital of less than twenty thousand pesos ($ 20,000.00) and those of agricultural, livestock and forestry companies with capital of less than sixty thousand pesos ($ 60,000.00) are entitled to severance pay equivalent to fifteen days of salary for each year of services and proportionally for fractions of a year; but in the rest they are subject to the rules on this assistance”. Subsection 2 says that only the salary received in money will be counted for the severance pay of domestic workers.
BASIC SALARY OF SEVERANCE PAY
Art. 253 says that in order to settle unemployment benefits, the last monthly salary accrued by the worker is taken as a basis, the salary increases made since the coming into effect of this code will only affect the calculation of the severance pay during the three years prior to the date of each increase.
PROHIBITION OF PARTIAL PAYMENTS
Article 254 prohibits employers from making partial payments of severance pay before the termination of the employment contract, except in the cases expressly authorized, and if they do so they will lose the sums paid, without being able to take them back.
Workers conscripted to the army are permitted a partial payment of severance pay (Article 255 of the Labour Code). Severance pay can also be demanded and used in advance for financing housing, by fulfilling certain requirements (Article 256).
FAMILY HERITAGE
Art. 257 says that the house of residence acquired by the worker before or after the effectiveness of this code, with the help of severance pay in whole or in part, does not constitute by that fact non confiscable family property.
DEATH OF THE WORKER
Art. 258 of the quoted work states: : “the severance pay is transferable due of death according to the rules of the civil code; it does not exclude the payment of obligatory collective life insurance, and when it is worth five thousand pesos ($ 5000) or less, it will be paid directly, according to the procedure established in Art. 12”.
CONCLUSIONS
“Severance pay is complete when one month’s salary is paid for each year of service or proportionally for fractions of years served, restricted to industrial companies with a capital of $ 20000 pesos or more; livestock, agricultural and forestry companies with a capital of $60000 or more and domestic servants will recieve only fifteen days per year or proportionally to the time served”.
“The severance pay is caused when the employment contract is terminated, that is, when the labor relations with the employer end, and the worker stops working.. Sometimes the contract can be valid when the worker is unable to work and is then paid aid for sickness”.
“The worker cannot be paid partial severance pay while working. The exceptions are when the worker is conscripted for military service, also when he is going to build a house and a part of the anticipated severance pay is given for the financing of the house”.
“The base of the severance is the last salary accrued by the worker, the house of residence acquired by the worker if built partly with the help of the unemployment does not constitute non confiscable family property; unemployment, like compulsory collective life insurance, is cumulative and they are not incompatible, they are transmissible in case of death; all social benefits are prescribed in law after three years”.
Thus is the outline on the right of severance pay in a country of Latin America. We do not deny that this outline is of great value, it can be an inspiration to many legislators.
Unfortunately the capitalists are also cruel and ruthless, astute enough to circumvent the law, nowadays in that distant country the workers do not last in jobs for more than about three months.
The employers dismiss the workers as soon as possible, so as not to accumulate severance pay, they know that as time passes, the severance pay increases.
So, workers now do not have job security in that country. The legislators forgot the cunning of the employers.
If the lawmakers had legally fixed the minimum contract time, that mockery of the law would have become impossible, we believe that it would have been better to fix a year as minimum time of work.
It also seems absurd to us that the house of the worker built with part of the help of the dismissal be confiscable, we believe that no worker should have his house seized, owing whatever he owes, the house of residence of a worker is very sacred. Also, if the worker has a home, children, family, it is criminal to seize his house and put him out on the street with his family.
We believe that this work code can wisely inspire legislators, but it must be corrected and perfected.
It is extremely criminal to dismiss a worker without giving him a dime, currently in Latin America there are countries where the poor workers have no social guarantees of any kind.
It is necessary to understand that the workers dismissed from their job need to eat and live, and therefore it is urgent to give them enough money so that they can sustain themselves while they get a new job.
Communism is the result of cruelty and lack of humanity, it is axiomatic that the cruelty of the capitalists produces communism.
If we want to save ourselves from the communist danger we must put an end to cruelty. Dismissing workers without giving them assistance for their support is tremendously criminal.
Samael Aun Weor
