When an employee is terminated, the accumulated Fondo de Cesantia balance is disbursed from the trust to offset the employer's liquidacion obligation. The amount paid out depends on the cause of termination.
Art. 224 Codigo de Trabajo: The prima de antiguedad accumulated in the fund is always paid to the employee on any termination, regardless of cause.
Art. 225-C Codigo de Trabajo: The indemnizacion portion is paid only when the dismissal is unjustified, or when the employee resigns for justified cause (Art. 223 CT), or by mutual agreement that includes it.
| Termination cause | Prima paid? | Indemnity paid? |
|---|---|---|
| Unjustified dismissal (Art. 225-C CT) | Yes | Yes |
| Employee justified resignation (Art. 223 CT) | Yes | Yes |
| Mutual agreement (with indemnity) | Yes | Yes |
| Voluntary resignation (renuncia) | Yes | No - refunded to employer |
| Justified dismissal (Art. 213 CT) | Yes | No - refunded to employer |
When the indemnity portion is not owed to the employee, the trust company refunds those accumulated funds to the employer's bank account.
The termination wizard reads the employee's CesantiaBalance at the time of termination:
Fund Balance Prima = AccruedPrima - DepositedPrima already withdrawn
Fund Balance Indemnity = AccruedIndemnity - DepositedIndemnity already withdrawn
Employer Direct Obligation (Prima) = max(0, Prima Owed - Fund Balance Prima)
Employer Direct Obligation (Indemnity) = max(0, Indemnity Owed - Fund Balance Indemnity)
If the fund is fully funded, the employer's direct cash obligation is zero (the trust pays). If the fund has a shortfall (e.g., missed deposits), the employer must cover the difference directly.
Employee: 5 years of service, base salary B/. 1,200/month, unjustified dismissal.
| Component | Amount | Source |
|---|---|---|
| Prima de antiguedad accrued (fund) | B/. 1,382.40 | CesantiaBalance.AccruedPrima |
| Indemnizacion accrued (fund) | B/. 3,600.00 | CesantiaBalance.AccruedIndemnity |
| Total fund balance | B/. 4,982.40 | Paid by trust to employee |
| Proportional decimo (current quarter) | B/. 300.00 | Employer cash payment |
| Unused vacation days (5 days) | B/. 200.00 | Employer cash payment |
| Total liquidacion | B/. 5,482.40 | Trust B/. 4,982.40 + Employer B/. 500.00 |
During the termination wizard (step 2: Liquidation Simulator), the cesantia section shows:
| Field | Description |
|---|---|
| Cesantia Prima (fund) | Amount the trust will disburse for prima |
| Cesantia Indemnity (fund) | Amount the trust will disburse for indemnity (if applicable) |
| Employer Payment Prima | Any prima not covered by the fund |
| Employer Payment Indemnity | Any indemnity not covered by the fund |
These four fields are stored on the TerminationCase record for audit purposes.
If monthly accruals were not consistently posted (e.g., a new employee whose first quarter deposit has not yet been made), the fund balance will be less than the theoretical accrual. CifraHQ flags this in the termination wizard and shows the employer direct payment required. The shortfall is the employer's cash obligation, separate from the trust disbursement.
Best practice: Run the Quarterly Deposit Calculate before processing any Terminations at quarter end. This ensures the fund balance reflects all deposits for the period.
Related: Overview - Monthly Accrual - Quarterly Deposit - Terminations
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