There are two basic ways to end an employment relationship: dismissal (or non-renewal) or voluntary leave. It makes a decisive difference whether the initiative to leave comes from the employer or the employee, that is, whether the worker is entitled to compensation and also to unemployment benefits. However, there is a third way that allows the employee to leave’exactly and also collect compensation What would happen if he was fired?
The second is the path chosen by a worker, admitted by the Social Court No. 4 Vigo. The man had worked for this company for nearly a year and appeared in court in August 2022 to request termination of the employment relationship. What is the key to success in such cases? Show that the request to terminate the contractual relationship is based on “just cause”.
In this case, the plaintiff put two arguments on the table: defaults incurred and employer’s violations regarding temporary incapacity for work. As stated in the sentence of last November, his salary debts started in the same month of 2021 when he joined the company and intensified five months later. He was not paid his payroll for that December or April and May of 2022. He had a debt of 2,555.45 euros.
The worker was on maternity leave until mid-April and had to take medical leave in early May. The judge also verifies that the employer has not paid the corresponding benefits so that the affected partyto request the so-called “direct payment”Mutual or paid by Social Security.
With these facts on the table, the judge agrees with the worker, declares the termination of the employment relationship and requires the employer to pay the 2,555 Euros (with 10% interest on default) owed by him, and also, 2,414,36 Euro compensation.