Despido y extinción del contrato de trabajo

Abstract

This chronicle focuses on the compilation, systematization and analysis of the judicial doctrine regarding the termination of the employment contract and dismissal, focusing, on this occasion, on the analysis of dismissals based on economic, technical, organizational, or productive grounds that involved more than a specific number of workers (and were therefore deemed to be collective dismissals), followed a process known as “expediente de regulación de empleo” or a workforce adjustment plan; unfair dismissal due to lack of proof of the cause alleged by the company; dismissals null and void motivated by the workers’ motherhood rights and because of the violation of fundamental rights; as well as other issues related to dismissal emanating from the Supreme Court and the various Superior Courts of Justice.