End of contract, resignations and dismissals
Content
Introduction
The law establishes conditions and limits and the regulations apply these.
They may be specified in collective agreements
.
End of contract, resignations and dismissals
These issues are regulated in Articles 49 to 56 of the Workers’ Statute .
They are also set out in the labour guide.
Grounds for termination of the contract:
- Agreement between the parties.
- Grounds laid down in the contract, provided that they do not constitute a manifest abuse of rights by the employer.
- Expiry of the agreed term of the contract. In that case, and except for training contracts and fixed-term contracts concluded for replacement purposes, compensation will be 12 days’ wages for each year of service.
In the case of fixed-term contracts for which a maximum duration is laid down, including training contracts, concluded for a period shorter than the legally established maximum, they will be deemed to be automatically extended up to that maximum period where no notice of termination or express extension is given and the worker continues to provide services. If that maximum duration expires and the worker continues to provide services, even where no notice has been given, the contract will be deemed to be tacitly extended for an indefinite period, unless there is evidence to the contrary.
In the case of contracts lasting longer than one year, where one of the parties gives notice of termination, it must notify the other party at least 15 days in advance.
- Resignation by the worker, subject to the notice period laid down in collective agreements or by local custom.
- Death of the worker.
- Retirement of the worker.
- By declaration of severe disability, permanent absolute incapacity or permanent total incapacity of the worker, without prejudice to Article 48(2) of the Law on the Workers’ Statute, where it is not possible to make reasonable accommodation because it would impose an excessive burden on the company, where there is no vacant and available post consistent with the worker’s professional profile and compatible with the worker’s new situation, or where, despite such a possibility existing, the worker rejects the duly proposed change of post.
- Decision of a female worker who is compelled to leave her job definitively as a result of being a victim of gender-based violence or sexual violence. Article 21 of Organic Law 1/2004 on Comprehensive Protection Measures against Gender-based Violence
When the contract ends, the employer will, when sending workers the notice of termination or, where appropriate, the prior notice of such termination, attach a proposal for the settlement document relating to the amounts due.
The worker may request the presence of a legal representative of the workers at the time of signing the settlement receipt.
Información por Comunidades Autónomas
Andalucía Aragón Asturias, Principado de Balears, Illes Canarias Cantabria Castilla y León Castilla-La Mancha Cataluña Ciudad de Ceuta Ciudad de Melilla Comunitat Valenciana Extremadura Galicia Madrid, Comunidad de Murcia, Región de Navarra, Comunidad Foral de País Vasco Rioja, La
