Since the number of applications for early old-age pension has increased in the Social Insurance Company, we bring to your attention a summary of the entitlement, calculation and payment of severance pay.
The employee submits to the employer a confirmation of the application or a decision on a pension from the Social Insurance Company /a decision is preferred – as the Social Insurance Company does not have to recognize the employee’s entitlement to an old-age or early old-age or disability pension/.
According to the Labor Code, severance pay belongs to the employee at least in the amount of his average monthly earnings (the employment contract or collective agreement can adjust the amount of severance pay more favorably for the employee). Therefore, the average for labor law purposes is used for the calculation /as for the calculation, e.g., compensation for taking leave/.
The Labor Code in the provision § 68 par. 1 of the Labor Code enshrines that the employer can immediately terminate the employment relationship exceptionally, and only if the employee has been legally convicted of an intentional crime, or has seriously violated work discipline.
If the employee submits a document after the end of the employment relationship /the conditions stated above must be met/, the employer will pay him severance pay even after the end of the employment relationship using the average for labor and legal purposes that was valid on the last day of the end of the employment relationship.
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