Despido y extinción del contrato de trabajo

Abstract

This chronicle focuses on the compilation, systematization and analysis of the judicial doctrine regarding the termination of the employment contract and dismissal, focusing, on this occasion, on the analysis of the corresponding compensation regime after the termination of temporary and interim contracts, emanating from the Court of Justice of the European Union, as well as other issues related to dismissal emanating from the Supreme Court, Constitutional Court and the various Superior Courts of Justice. Specifically, the SAN of May 17, 2021, (AS\ 2021\1411), in the field of causal delimitation to carry out a collective dismissal, in a car rental company without a driver, focuses the analysis of its content and failure in the study of the concurrence of economic, organizational and productive causes, based on the existence of economic losses, derived from the significant reduction in activity and transformation of the line of business, the aforementioned causes having a structural nature and not merely conjunctural, accepted like this by the majority of the legal representation of the workers for the documentation provided. On the other hand, it analyzes the correct development of the consultation period, with sufficient documentary contribution, as well as the absence of fraud of law, or coercion on the part of the company.