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|World & Business - Finance|
|Wednesday, 08 August 2012 11:50|
The movement of labor in the labor market is becoming more common, abundant creation and termination of employment contracts.
Many of the workers, and entrepreneurs and companies should consider that there is an obligation to give notice of termination of an employment contract and whether or not they are required to comply with the notice periods referred.
The employment relationship when it is being reported by the employee, is required to meet all the requirements of reporting under collective agreements or what appears on the contract.
The consequences: Employee or Worker
Failure by the employee to give sufficient time to your employer intends to terminate the employment relationship can hurt and cause damage to the company why this is entitled to claim compensation. Although in practice, this compensation can be difficult to achieve if there is no express written provision of this in the contract.
The vast majority of collective agreements are the consequences of termination of employment in the absence of notification. The most common is the deduction for payment of employees during the period for which it has been given notice to the company.
In connection with the termination of special employment contracts, the notice provisions of specific regulations must be met. One example is Royal Decree 1382/85, which says that the working relationship with management, establishes a minimum of 3 months in advance, up to 6 months, if it can demonstrate in writing that the contract was a indefinite or for a period of 5 years.
By the employer, regulates the reporting period depending on the actual circumstances of the complaint.
If the dismissal is for economic reasons, the employer must give notice of at least 15 days. For this situation, the employee is entitled to 6 paid hours per week to find a new job.
Finally, in the case of dismissal for misconduct does not require any notice period.
Consequences for the Employer
The main consequence for the employer not fulfill his obligation to give ample notice, is paid to the employee during the period for which notice was not given.
Finally, the minimum period of notice of dismissal in Spain is 15 days, though, this notice period may be extended by agreement or reference to collective agreements.