Directorate-General: Are severance pay and non-notice pay compatible?
In the case being pursued, the employer did not directly formalize a dismissal, but caused it by actions which prevented the worker from performing the agreed duties.
BY Lefebvre, 05:00 – 24 June 2021
The Supreme Court indicates that notice compensation must be paid whenever the termination of the managerial position is considered inadmissible and the company opts for the indemnified termination of the contract, whether the termination qualifies as a resignation or unfair dismissal .
In the case being pursued, the employer did not directly formalize a dismissal, but provoked it by actions which prevented the worker from performing the agreed functions, in particular by withdrawing him from Social Security and blocking him. access to the company’s computer system. . Such conduct was qualified by the courts as unfair dismissal, which was resolved with the corresponding compensation.
In the contract, the parties had included a classification for the event that their early termination of the contract would occur, establishing a penalty for breach of the notice period (three months) consisting of payment to the defaulting party of an amount equivalent to the remuneration. fixed levied for each year of default.
For this reason, the Court of Cassation concludes that, the contractual termination having taken place at the option of the employer, said termination should have been pre-notified, which was not done, therefore the payment of the pre-payment indemnity. – opinion, compatible with the derivative of the dismissal, corresponds.
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