The Supreme Court (TS) rejects that the courts give compensation for unfair dismissal, that is, unjustified, greater than 33 days per year worked with a maximum of 24 monthly payments.
The high court indicates that the assessed compensation established by article 56 of the Workers’ Statute for these cases is adequate to compensate for the damage to the employee and complies with the highest international standards. Remember that the International Labor Organization (ILO) Convention only establishes that compensation must be “adequate” without indicating specific ways to determine it.
The high court, in its ruling on December 19, for which Judge María Luz García Paredes was the speaker, points out that it does not analyze Spain’s compliance with the European Social Charter, whose article 24 establishes that all Workers dismissed without valid reason are entitled to adequate compensation or other appropriate relief.
The reason why it does not rule on the matter is because the dismissal it analyzes occurred on March 27, 2020 and Spain ratified the revised European Social Charter on April 29, 2021, being published in the BOE (that is, taking effect) on June 11, 2021.
However, the court does go into analyzing article 10 of ILO Convention number 158, which says that, in the event of unjustified dismissal, the employer must either reinstate the worker or pay him “adequate compensation or other compensation that is considered “appropriate.”
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