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 .
Reasons for the termination of a contract:
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Agreement between the parties.
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Grounds stipulated in the contract other than manifest abuse of rights by the employer.
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End of the agreed term or of the work or service covered by the purpose of the contract. Compensation of 12 days’ of pay for each year of service. In contracts of over one year, prior notice of least 15 days will be given to the other party.
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Resignation of the worker, with the notice set out in the collective agreements or customary notice for that workplace.
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Death, severe disability or total or absolute permanent incapacity of the worker.
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Retirement of the worker.
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Death, retirement or incapacity of the employer. Compensation of one month’s salary.
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Extinguishing of the legal personality of the contracting party. Formalities set out in Article 51 of the Workers’ Statute .
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Force majeure events that make it impossible to provide the service, as set out in Article 51(7) of the Workers’ Statute .
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Collective dismissal for economic, technical, organisational or production reasons. Article 51 of the Workers’ Statute .
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Based on the wish of the worker, due to breach of contract by the employer. Article 50 of the Workers’ Statute .
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Dismissal of a worker due to serious, negligent breach by the latter. Articles 54-56 of the Workers’ Statute .
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Legally appropriate objective grounds that affect the worker. Articles 52-53 of the Workers’ Statute .
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Decision of a female worker to resign permanently from her position as a result of being a victim of gender-based violence. Article 21 of Organic Law 1/2004 on comprehensive measures of protection against gender-based violence .
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