dismissalThe company that we worked for has ceased trading but not in liquidation so they have no responsibility to pay our finiquito, we have been told we are sacked but they have extended our sacking to be in two weeks time so we can tie up our work. Is this legal and do we need this in writing? Also if we leave and get our papers and then sign off but do not sign on unemployment benefit as we had employment would this affect our finiquito.

Whatever the company that you have been working for ceases trading they have to follow the legal procedure to dismiss the workers either through a bankruptcy (concurso de acreedores), if it is the case, or through a formal dismissal in writing and of course they have to pay the pending salaries, the liquidation and the corresponding indemnification.

Your second question is not clear enough, would you please clarify it. In any case you should not leave your work before  they give you the dismissal in writing or before the dismissal takes effect.

At the same time they should give you the liquidation (finiquito), that normally refers to the pending salary until the dismissaal date, including extra salaries and the period corresponding to vacancies.

If the dismissal is not based on legal reasons or even when it is based on economical reasons you have also the right to receive an indemnification that will depend on different  circumstances.

You should not sign any document presented to you that you don´t understand or stating that you renounce to any future claim, or that you have not anything else to claim.

You may receive payments if you clearly state only the receipt of the money not any renounce.

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