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offboarding.md

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This document describes the off-boarding process at source{d}.

We believe that the off-boarding process should be smooth and clear in order to cause minimal disruption for each person.

The relationship with the company can finish in two different ways:

The employee leaves voluntarily

This process describes employees working for the Spanish entity. For the USA this is not yet documented.

  • The employee has to inform the company, usually 15 days in advance.

  • The employee has to sign a resignation letter with their information and the end date, as shown in the example.

  • The company has to give the accountant the following information to prepare the settlement:

    • End date.
    • Type of leaving: voluntary severance.
    • Days of vacations left: the Office Manager has to check in Kin HR.

  • The accountant is going to send us the following documents:

    • Payslip for the current month.
    • Finiquito / settlement: in this case only includes days of vacations.
    • Certificado de empresa: proves the last 180 days working in the company.
    • Parte de baja: the communication to the Social security office which proves that the employee is not working anymore in the company.

When every document is signed, on the last day, the Office Manager has to:

  • Upload the documents to the employee’s profile in KinHR.
  • Change the employment status to “resigned” and add the end date.
  • Close Slack account and suspend the Gmail account. The person's manager has to close other accounts which the employee used.
  • Check the hardware which the employee was working with. The employee has to return all the equipment.
  • Transfer the amount for the payslip.
  • Delete their fingerprint from the Madrid office door.

The employee leaves involuntarily

There are three types of dismissal:

  1. Objective: it’s based on economic or strategic reasons. The compensation will be 20 days per year worked.
  2. Disciplinary: it’s based on disciplinary reason or without reason. The compensation will be 33 days per year worked. It does not require prior notice, but an employer must notify the worker through a corresponding letter of dismissal, which states the facts prompting the dismissal and the effective date of the dismissal.
  3. Collective.

The challenge of the dismissals: fair dismissal, unfair dismissal or invalid dismissal. The courts have to decide, not the company.

For all the types, there are the following steps:

  • The team leader has to inform the Office Manager of the decision beforehand, in order to be able to prepare all the documents on time.

  • The company has to give the accountant the following information to prepare the settlement:

    • End date.
    • Type of dismissal.
    • Days of vacations left: the Office Manager has to check in Kin HR.

  • The accountant is going to send us the following documents:

    • Dismissal letter (2 copies)
    • Payslip for the current month (2 copies)
    • Finiquito / settlement: in this case only includes the days of vacations left (2 copies)
    • Certificado de empresa: proves the last 180 days working in the company.
    • Parte de baja: the communication to the Social security office which proves that the employee is not working anymore in the company.

The team leader should inform the employee about the decision together with another team member in the room, when possible the Office Manager, so, they are able to explain to the employee all the documents and answer their questions.

The employee has to sign the dismissal letter. If the employee doesn’t agree, he should sign and add “no conforme or N.C.”.

When every document is signed, on the last day, the Office Manager has to:

  • Upload the documents to the employee’s profile in Kin HR.
  • Change the employment status to “resigned” and add the end date.
  • Close Slack account and suspend the Gmail account. The person's manager has to close other accounts which the employee used.
  • Check the hardware which the employee was working with. The employee has to return all the equipment.
  • Transfer the amount for the payslip.
  • Delete their fingerprint from the Madrid office door.

If the employee doesn’t agree with the dismissal, they can request the impropriety of the dismissal in the court. To do that, the employee has to go to the SMAC (Servicio de Mediación, Arbitraje y Conciliación) with this form. SMAC is going to generate an appointment to discuss about the compensation. The accountant will go to the appointment as a legal representant. If the company agrees, the same day, the Office Manager will compensate the employee. This would be the last step.

Compensation for dismissal in Spain depends on three fundamental factors:

  1. The salary of the employee: gross annual salary.
  2. The seniority of the employee within the company: when it comes to counting the seniority of the worker for compensation.
  3. Type of dismissal: currently, compensation is only for objective and unfair dismissals. A fair dismissal does not give the right to compensation, unless there is a settlement.