Exercises Contract Termination Resolved
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ScribdTranslationsExercises Contract Termination Resolved
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ScribdTranslationsSOLUTION EXERCISES UT 2
Termination of the Employment Contract
10. Ramón has communicated to his boss, 10 days in advance as established by the agreement.
collective, which will leave the company due to personal reasons.
a) What is the cause of the termination of the contract?
Termination of the contract by the will of the worker, specifically a resignation, as it has
notified to the employer in advance as stipulated by the collective agreement
b) What consequence does this decision have for Ramón?
He/She has no right to compensation or unemployment benefits.
c) How would that extinction have been viewed if Ramón had not warned beforehand?
It would be considered a abandonment by the worker and the employer could request compensation for
damages and losses.
11. Vicente Blázquez has grown tired of his situation in the company, the businessman made a
substantial modification of working conditions, and he understands that such modification has
it represents a significant detriment both to their training and to their dignity. They want
terminate his contract, but he does not want to leave empty-handed.
a) Is there any cause for extinction that Vicente can invoke?
Vicente can opt for a termination of the contract by the will of the worker based on a
serious breach by the employer, specifically based on a substantial modification of
working conditions that are detrimental to the professional training of the worker and
diminution of his dignity.
In this case, the worker must continue working, request the termination of the contract in the
Social Court and wait for the judge's ruling to declare the termination of the contract.
b) What consequences will this extinction have for Vicente?
In the event that the Court authorizes the termination of the contract, it will be entitled to compensation.
33 days of salary per year worked, with a maximum of 24 months' salary. In addition, it will have
right to request unemployment benefits.
12. Verónica has been dismissed, verbally, for having seriously insulted one of her
female colleagues in front of the clients.
a) What type of contract termination do we face?
It is a termination at the employer's discretion, specifically a disciplinary dismissal.
for verbal or physical offenses against the entrepreneur, the people who work in the company or to the
relatives who live with them.
b) Is the method used by the company to carry out the dismissal correct? If not,
so, which one would be the correct one?
1
It is not correct as in the case of disciplinary dismissal, written notification is required.
a termination letter in which the specific facts that motivate it must be clearly stated
needs and the date from which the dismissal will take effect
c) How do you think the dismissal would be qualified in case of a challenge by Verónica?
and what consequences would it have for her?
It would be classified as inadmissible because the required formalities have not been respected.
has been done orally.
In this case, the businessman must choose within 5 days from the notification of the sentence between:
Reemploy the worker and pay them the processing wages (these are the wages that the worker left)
to be perceived from the date of dismissal until the date of notification of the sentence
Do not readmit the worker and pay them a compensation of 33 days of salary for each year of service.
up to a maximum of 24 monthly payments and the salaries of processing
d) And if the company had met the requirements, how would it be rated? What
What consequences would it have for Verónica?
In that case, it would be classified as a justified dismissal.
In this case, the worker will not be entitled to compensation, although they may apply for the benefit.
for unemployment.
Alberto has been fired because he has not adapted to the technical modifications.
introduced in their workplace, but has not previously received a training course.
The company makes available to you, at the time of handing you the termination letter, a
compensation of 20 days of salary for each year worked and gives him a 15-day notice. Alberto
He does not agree with the dismissal and files a claim before the Social Court.
What type of extinction is it about?
This is a dismissal for objective reasons based on the worker's lack of adaptation to the
technical modifications of the workplace
b) Has the way the dismissal was carried out been correct?
In principle, yes, because it has been notified in writing, through a dismissal letter, he has been
notified 15 days in advance and has been made available to him at the time of the delivery of the letter a
compensation of 20 days' salary for each year of service.
The only thing we do not know and for which we cannot assert with certainty that it was correct the
It is whether a paid leave of 6 hours per week has been granted during the period of
Notice, for the worker to look for another job.
c) Will the judge declare it admissible, inadmissible, or null? Justify your answer.
The judge will declare the dismissal unjustified because the employer will not be able to prove the cause that
It's good, since the Statute of Workers establishes that in case of technical modifications in the
job position, the worker must first receive a course aimed at facilitating their adaptation to
such modifications and in this case no course has been conducted.
14. Cristina works as an accountant in a company with a single workplace, of 280
workers. The company has submitted a file for employment regulation based on
economic causes, affecting 40 workers. The situation of the company was unsustainable,
due to the losses incurred during the last two years. The company has opened a
consultation period with the workers' representatives and, after this has concluded, they have reached
an agreement that they have communicated to the labor authority.
a) What type of dismissal is this? Justify your answer.
It is a collective dismissal because it meets the two requirements that are needed:
It affects a large part of the staff, specifically it affects 40 workers which is more than
10% (28) of the workers in this company, which has between 100 and 300 employees.
2. There are economic, technical, organizational, or production reasons that justify it,
specifically economic causes.
b) Is the cause alleged by the company correct? Justify your answer
If it is correct, why is it considered that there is a negative economic situation when there are
current or anticipated losses, or a continued decrease in the level of ordinary income or
sales during three consecutive quarters compared to the same three quarters of the year
previous. In our case, the company has been in losses for 2 years, which is more than 3 quarters.
c) What effects will the acceptance of the ERE have for the worker?
You will be entitled to compensation of 20 days of salary for each year worked, with a maximum of 12.
monthly payments. And you can apply for unemployment benefits
15. What is a settlement and what should it contain?
The settlement is a liquidation document with the amounts owed to the worker up to the
date of contract termination.
The settlement must contain:
The salary corresponding to the days worked and not paid for the current month up to the day of the
extinction
The proportional part of unused vacation
The proportional part corresponding to the extraordinary payments, up to the date of termination of the
contract
The compensations that correspond
The deductions corresponding to the worker's contribution to Social Security and the
withholding tax corresponding to IRPF
PROCEDURE FOR THE WORKER'S ACTION IN CASE OF DISMISSAL
16. Answer the following questions:
a) How many days does a worker have who does not agree with the decision of dismissal
taken by the businessman, to file a lawsuit in the Social Court?
20 business days (excluding Saturdays, Sundays, December 24 and 31, and national holidays)
autonomous and local) from the date of dismissal
b) What should the worker do before going to court? Where?
To try to avoid the judicial process, one is required to attempt a prior conciliation before proceeding.
to the Social Court. To do this, a conciliation paper must be presented to the Service of
Mediation, Arbitration, and Conciliation of your autonomous community.
c) What is the purpose of the conciliation act?
So that both parties (employer and worker) reach an agreement in the presence of an arbitrator of the
SMAC and thus avoid having to go to the Social Court.
d) ¿Qué ocurre si hay acuerdo en el acto de conciliación? ¿Y si no hay acuerdo?
If there is an agreement, the employer will choose between paying the indemnity provided or reinstatement.
of the worker to their workplace. The agreement halts the filing of the lawsuit in the
court
If there is no agreement, the lawsuit will be presented before the Social Court by the worker.
Will the worker have to pay court fees?
In the first claim filed in the Social Court, no court fees need to be paid.
if an appeal is made to the High Court of Justice, whether fees will have to be paid
f) What does the oral trial consist of?
In the oral trial, the parties present themselves before the Social Court and the following steps are followed:
- Firstly, the claim is reaffirmed by the plaintiff. The defendant will respond
affirming or denying the facts reported in the complaint.
Next, the parties will take the floor as many times as the judge deems appropriate.
Subsequently, the practice of the tests will be conducted.
Finally, the parties will present their conclusions.
g) How does the process end?
With the judge's ruling in which the dismissal will be declared appropriate, inappropriate, or null
