ARTÍULO 169 ON THE WORK CÓDIGODEL
ART 169 .- "If the contract will finish by applying the cause of the first paragraph of Article 161 of this Code, shall observe the following rules:
a) The communication that the employer directs the employee according to the fourth paragraph of Article 162, will be an irrevocable offer to pay compensation for years of service and the replacement of notice, if it has not been given under Articles 162, paragraph four, and 163, first and second paragraphs, as appropriate.
The employer is obliged to pay compensation referred to in the preceding paragraph in a single act when extending the settlement.
Without prejudice to the preceding paragraph, the parties may agree on the scheduling of payment of compensation in this case, the fees must enter the interest and adjustments for the period. The pact must be ratified by the Labour Inspectorate. The mere breach of the covenant will immediately payable total debt and shall be punished with administrative fines.
If such compensation is not paid to the worker, he may use the same court noted in the previous article, in the same period indicated therein, for an order and comply with the payment, allowing the judge in this case increased by up to 150%, and
b) If the worker believes that implementation of this ground is improper, and has not accepted it as provided in the previous letter, he may appeal to the court mentioned in article above, in the same terms and for the same purpose indicated therein. If the court refuses to claim the worker, that is only entitled to the allowances provided for in Articles 162, paragraph four, and 163, first and second paragraphs, as appropriate, the adjustment referred to in Article 173, without interest.
a) The communication that the employer directs the employee according to the fourth paragraph of Article 162, will be an irrevocable offer to pay compensation for years of service and the replacement of notice, if it has not been given under Articles 162, paragraph four, and 163, first and second paragraphs, as appropriate.
The employer is obliged to pay compensation referred to in the preceding paragraph in a single act when extending the settlement.
Without prejudice to the preceding paragraph, the parties may agree on the scheduling of payment of compensation in this case, the fees must enter the interest and adjustments for the period. The pact must be ratified by the Labour Inspectorate. The mere breach of the covenant will immediately payable total debt and shall be punished with administrative fines.
If such compensation is not paid to the worker, he may use the same court noted in the previous article, in the same period indicated therein, for an order and comply with the payment, allowing the judge in this case increased by up to 150%, and
b) If the worker believes that implementation of this ground is improper, and has not accepted it as provided in the previous letter, he may appeal to the court mentioned in article above, in the same terms and for the same purpose indicated therein. If the court refuses to claim the worker, that is only entitled to the allowances provided for in Articles 162, paragraph four, and 163, first and second paragraphs, as appropriate, the adjustment referred to in Article 173, without interest.
TWO CONSIDERATIONS (Courts of Justcia)
1 .- In cases where the employer terminates the employment contract on the grounds of operational requirements of the company, the respective communication means an irrevocable offer to pay compensation derived from the term of employment, so that ended the contract in the form referred to is not acceptable to the employer changes the legal grounds relied upon, or even as a result of supervening circumstances which have occurred between the date of this communication and the mention of it fixed. "
Supreme Court, 22.01.1997, Docket No. 54-97
Supreme Court, 22.01.1997, Docket No. 54-97
2 .- That clause 3 of the letter a) of Article 169 of the Labor Code provides: "The fact that the worker receives part or all of such payment or requests for him as provided in the preceding paragraph import acceptance of the causal , without prejudice to its right to claim it considers differences due to it.
That the players were compensated for years of service that reflect the releases signed by them; This has involved acceptance of the grounds for which the principal employer terminated his services. "
Court Appeals of Santiago.
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