Compensation for unfair dismissal cannot be increased based on the specific circumstances of each case. This is clear from a ruling by the Social Chamber of the Supreme Courtissued last Thursday regarding the unification of doctrine. The TS partially upholds an appeal filed against a ruling by the Superior Court of Justice of Catalonia.
The court has established that the compensation for unfair dismissal established in the Workers’ Statute cannot be increased judicially with additional amounts, although Convention 158 of the International Labor Organization (ILO) indicates that it must be “adequate”.
In a ruling known this Friday, the High Court ruled on the case of a worker who claimed compensation higher than that legally established for her unfair dismissal, arguing that the amount provided for in the article 56.1 of the Workers’ Statute It was insufficient.
The ruling recalls that it is up to the legislator to determine the amount of compensation for unfair dismissal, without the courts being able to modify it based on particular circumstances of each case.
The court maintains that the assessed compensation established by Spanish legislation “is adequate compensation” and is in line with the provisions of the ILO Convention 158which only indicates that it must be “adequate” without specifying its exact content.
Legal certainty and uniformity
The magistrates highlight that the Spanish system of assessed compensation “has been offering legal security and uniformity for all workers who, in the event of the loss of the same job, are compensated on equal terms.”
The ruling indicates that “it is not possible for this to be overcome through judicial means.” legal application frameworkestablishing reparations by categories of unjustified dismissals or exceptionalities, as the case may be.”
He Supreme argues that the Spanish judicial body “is not empowered to grant at its discretion the option of readmission on terms other than those legally provided for nor to set a compensation amount different from that assessed.”
The resolution explains that the term “adequate compensation” of ILO Convention 158 has been developed by the legislator in article 56 of the Workers’ Statute, without this legal formula being in opposition to the international agreement.
The magistrates recall that the Constitutional Court has already indicated that it is up to the legislator to regulate the content and scope of the Workers’ Statute, including the determination of the techniques and scope of the reaction to dismissal.
The High Court concludes that “in our domestic law there is neither national practice nor legislation has established free compensation to compensate for the unjustified loss of employment”, but rather a assessed compensation that respects Convention 158.
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