HE Barcelona’s number three social court issued a ruling forcing a company to pay additional compensation legally considered to be a worker lay off. And this compensation is calculated as follows: a pioneering method. The company must pay the difference to the former employee. unemploymentwho started getting paid after being fired and wage What I had before I left the company. And the company must pay this extra compensation from the moment the worker is fired until he finds another job.
The judge condemned the company Conillas Garden Center SL took into account that he had unfairly dismissed the plaintiff and requested additional compensation with the understanding that the legally assessed amount was not enough to stop the company and was not compensatory for the employee.
This was stated in a decision dated September 26 and published on the legal blog of the UOC’s director of legal and political science studies. Ignasi Beltran. The events date back to September 23, 2022, when the defendant company notified the employee by letter that he was dismissed, citing objective reasons. He mostly argued that his performance did not satisfy his superiors and therefore ended the seven-month employment relationship.
Considering the dismissed person’s short experience in the company, the remaining compensation was minimal and therefore he requested an additional payment. He evaluated that the amount determined by law was not in compliance with international legislation and specifically stated the following: Convention No. 158 of the International Labor Organization (ILO)It states that compensation should be as follows: deterrent This way, companies do not misuse the source of layoffs. Meanwhile, while waiting for the court decision, the fired man went to Sepe, asked for unemployment benefits and started looking for a new job. Eight months later he found her.
After reviewing the case, the judge concluded that the company’s dismissal was unfair as it did not properly justify the poor performance attributed to the employee.
unfair dismissal
“The content of the letter cannot consist of: general expressions“Accusations or imputations of conduct, however, must be concrete, clear and precise, recording the facts to which they refer and the days on which they were committed,” the judge recalled in his decision. “There is no doubt that in the present case the contents of the dismissal letter were absolutely insufficient to be effective,” the decision concludes.
The difference between objective dismissal compensation and unfair dismissal compensation can be notable, as compensation is paid to the former. 20 days worked for a year and with the second 33 days. However, considering the short period of service of the dismissed employee, his compensation 1,506.78 euros. A figure that does not even reach one month’s salary 2,083.33 euros gross. According to the doctrine put forward by the magistrate, which (he stated) has already been applied by courts such as the High Court of Justice of Catalonia, this doctrine does not compensate or compensate for the damage caused by the loss of work. It has a deterrent effect for the company.
Barcelona’s number three social justice judge thinks the company is causing a problem. loss of profit to the affected worker. Loss of profit is the income that someone or something is left to gain as a result of loss or damage caused by someone or something. In other words, the worker has lost money due to the company’s bad practice and is demanding compensation from the company.