According to the Supreme Court, the current labor legislation must in any case be applied. The Supreme Court of the Basque Country opted for the annulment of the layoffs during the pandemic, on the understanding that they were banned and constituted fraud.
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The Supreme Court has rejected a layoff made during the coronavirus pandemic automatically be zeroand argues, on the contrary, that current labor legislation should be applied at all times.
The plenary of the fourth chamber therefore estimates the appeal filed before a decision of the Supreme Court of the Basque Country (TSJPV) that opted for annulment of the dismissals, provided that they were prohibited and engaged in fraud; the text of the sentence will be made public in the coming days.
The Chamber explains that the problem arose as a result of the Royal Decree on urgent measures of 2020, which showed that force majeure and the economic, technical, organizational and production factors underlying the measures to suspend contracts and reduce working hours. cannot be construed as justifications for termination of employment or dismissal.
In practice, as the memorandum shows, this meant ‘often referred to as the prohibition of dismissal’.
The Supreme Court concluded that a dismissal carried out under those circumstances “should not be regarded as null and void”, unless there are circumstances that justify this, such as violation of a fundamental right, violation of the applicable collective redundancy scheme or a subjective circumstance that generates special protection.
The decree, the Supreme Court continues, does not contain a “real prohibition”, nor do the consequences of a fraudulent dismissal imply nullity; Likewise, using an ERTE doesn’t seem like a “real obligation”.
If there is no valid reason for termination of the contract, the Supreme Court adds, it will be necessary to go to the current labor legislation.
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Source: EITB
I’m Wayne Wickman, a professional journalist and author for Today Times Live. My specialty is covering global news and current events, offering readers a unique perspective on the world’s most pressing issues. I’m passionate about storytelling and helping people stay informed on the goings-on of our planet.
