The ruling of the High Court of Justice of the Basque Country of 18 October 2016 is the first to equalise the compensation for the termination of a temporary contract with that for the objective dismissal of a permanent employee.
has followed the line of the European Court of Justice by equating the rights of permanent and temporary workers when their employment relationship ends.
The ruling of the European Court has created a great stir because it is gambling data brazil a ruling which considers that there is discrimination in terms of compensation for temporary contracts and permanent contracts. This differentiation has no justification.
The High Court of Justice of Madrid recognized compensation to a temporary worker for termination of contract, following the line of the European ruling as we already discussed in the post " compensation for termination of temporary contract "
Well, the Basque Country's High Court has gone a step further and has equated the compensation as if it were a fixed salary for a worker with a contract for a specific job or service.
Case history
The employee had signed several contracts with the company for work or services that were linked together. In December 2015, she was informed of the termination of the contract.
The court's judgment dismisses the claim filed by the company. The appeal is lodged in a cassation.
The Court first assesses the chain of temporary contracts, since the work or service contract has a duration of more than three years, and considers that the termination of the contract is in accordance with the law.
The Court then refers to the compensation for termination of a temporary contract and brings up the ruling of the Court of Justice of the European Union, which alleged in its ruling that Spanish legislation provides a difference in treatment between temporary and permanent workers without justification and therefore recognises that discrimination exists . Article 21 of the Charter of Fundamental Rights of the European Union and Article 14 of the Spanish Constitution, which establishes the principle of equality, are violated.
The Basque Country High Court understands that when a company decides to unilaterally terminate the employment relationship, whether it is a permanent or temporary worker, there is an identity in the objectification of the cause .