The Supreme Slows Down Diaz's and the Unions' Claims and Knocks Down the Severance Pay 'a La Carte'
11 Articles
11 Articles
Judicial review for the Ministry of Labour and trade unions. The Supreme Court has ruled this Wednesday that the severance payments 'a la carte'—i.e., with amounts higher than the maximum charged by the current law of 33 days per year worked in the unfair dismissals—cannot be granted in the courts.The Supreme Court's ruling comes after UGT and CCOO sued Spain before the Council of Europe, considering that the Spanish severance does not repair th…
The additional compensation for wrongful dismissal, with amounts exceeding the maximum set in the Workers’ Statute, is not permitted under Spanish law. That is the conclusion reached on Wednesday by the Social Division of the Supreme Court, which met in plenary to analyze a case that would reopen this debate. The court already ruled against this type of compensation in December last year, exceeding 33 days per year worked (45 for the periods pri…
The judges dismiss the appeal of a dismissed worker and explain that neither the ILO convention nor the latest update of the European Social Charter obliges them to pay more than 33 days per year worked.File - The Supreme Court rejects the possibility of increasing the compensation of 33 days for wrongful dismissal in the courts The Supreme Court has closed the door for a judge to increase the compensation received by an unfairly dismissed worke…
The Government has been shielding itself in a resolution of the Council of Europe, which considered that the amount of compensation for wrongful dismissal regulated in...
The Labor Committee of the Chamber of Deputies and Deputies generally approved the proposal that removes the limit of 11 years for compensations for years of service.This progress is surprising when it occurs without official support from the Executive and without legislative need, according to BioBioChile.The project, sponsored by government legislators, faced manifest rejection from the opposition.Its approval contradicts previous forecasts an…
As the General Council of the Judiciary has advanced, the plenary of the Social Chamber of the Supreme Court has decided not to increase the compensation for unfair dismissal paid to its employees by the self-employed and SMEs. This is a long-awaited decision, as the labourers stated to this medium. In particular, given some pronouncements of other courts, which had allowed an adjustment of these amounts according to the case. Also, due to a new…
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