Under what circumstances an employer is not liable to pay the compensation?

New law on severance pay 2020.

“(Reference for a preliminary ruling – Freedom of movement for workers – Article 45 TFEU – Regulation (EU) no. No 492/2011 – Article 7 – Equal treatment – Frontier worker liable to income tax in the Member State of residence – Compensation paid by the Member State of employment in the event of the insolvency of the employer – Methods for calculating the insolvency allowance – Notional taking into account of the income tax of the Member State of employment – Insolvency allowance lower than the previous net remuneration – Bilateral convention for the prevention of double taxation’.

REFERENCE for a preliminary ruling under Article 267 TFEU from the Landessozialgericht Rheinland-Pfalz, Mainz (Regional Social Security Court Rheinland-Pfalz, Mainz, Germany), made by decision of 23 July 2015, received at the Court on 22 September 2015, in the proceedings between.

What does Article 49 of the Labor Code say?

49. – The suspension of the effects of the employment contract does not imply its termination, nor does it engage the liability of the parties.

What does Article 20 of the Labor Code say?

Article 20.

The working conditions governing a labor contract or relationship may not be fundamentally or permanently altered, except by express agreement between the parties or as authorized by the Ministry of Labor and Social Welfare, when fully justified by the economic situation of the company.

What should be paid in a termination for business needs?

When the contract is terminated on the grounds of the company’s needs, the employee is entitled to a payment equivalent to one month’s salary for each year of service (or fraction of more than 6 months) up to a maximum of 11 years of seniority.

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Compensation for voluntary resignation

Royal Decree 1438/1985, of August 1, 1985, which regulates the special employment relationship of persons who take part in commercial operations on behalf of one or more entrepreneurs, without assuming the risk and risk of such operations.

Article 2.1. f), of the Workers’ Statute considers as a special employment relationship that of the persons who intervene in mercantile operations on behalf of one or more employers, without assuming the risk and risk of the former, being established in the first additional provision of Law 32/1984, of August 2, 1984, on the amendment of certain articles of the Workers’ Statute, on the modification of certain articles of Law 8/1980, of March 10, 1980, of the Workers’ Statute, established that the Government, within a maximum period of twelve months, counted from the entry into force of the aforementioned Law, had to regulate the legal regime of the special labor relations foreseen in the Workers’ Statute.

By virtue thereof, having consulted the most representative Trade Union and Employers’ Organizations, in agreement with the Council of State, at the proposal of the Minister of Labor and Social Security and after deliberation of the Council of Ministers at its meeting held on July 31, 1985,

When must a dismissed worker be compensated?

The indemnity for unjustified dismissal must be paid when the employee’s employment contract is terminated without just cause, and the liquidation of the indemnity must be made in accordance with article 64 of the substantive labor code.

What does Article 47 of the Labor Code say?

47 of the Labor Code, the maximum working day shall be eight hours a day, not to exceed forty hours a week, except as otherwise provided by law. … Compulsory working hours may not exceed five in a week, that is, 40 hours per week.

What does Article 55 of the Labor Code say?

50 and 55 of the Labor Code. Failure to be on time for more than three times in a month shall be sufficient cause to terminate the employment contract by approval of the competent administrative officer.

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New law on severance indemnity 2021

Chapter I contains the general provisions, the first of which is concerned with defining the object of the regulation. The obligatory reference is, of course, Directive 86/653/EEC and, in order to preserve a certain continuity of terminology, which is otherwise very expressive, the current regulations on commercial representatives.

2. The agent may be a mere negotiator, i.e. a person engaged in promoting commercial acts and transactions, or may also assume the function of concluding those promoted by him. Instead of the term , the more precise term of , which, in addition to appearing more correct, is the one used by Royal Decree 1438/1985, of August 1, 1985, has been preferred.

A particularly important aspect relates to the definition of the object of this business promotion activity. The Directive sets it at the sale or purchase of goods. However, this criterion seems too narrow, which is why this reference to the activity of sale or purchase has been replaced by a broader one: the agent undertakes to promote, or to promote and conclude, commercial acts or transactions. The tradition of this expression used in our Commercial Code when dealing with commission contributes to a clearer and more definite insertion of agency among the commercial contracts of collaboration.

What does Article 72 of the Labor Code say?

Article 72, paragraph A) of the Labor Code (CT) provides that it is forbidden for workers to leave work during working hours without just cause or without a license from the employer.

What does Article 71 of the Labor Code say?

Article 71(b) of the Labor Code establishes as an obligation of the worker to perform the service in the manner, time and place agreed upon, that is to say, it obliges the worker to comply with the time of arrival and departure, as well as to respect the duration of the rest periods. …

What does Article 29 of the Labor Code say?

The worker or workers who, having presented themselves in time to resume their services, are unable to do so for a cause attributable to the employer, shall have the right that arises for them from the second obligation determined by Article 29.

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Compensation for years of service upon retirement

The temporary employment contract must be formalized in writing; it may be verbal when in the situation of temporary employment due to circumstances of production, the duration of the contract is less than four weeks and full time.

There are also situations of temporary employment in the case of convicted workers in penitentiary institutions and in the case of minors and young people in centers for minors subject to internment measures.

Temporary or fixed-term contracts may in some cases be beneficiaries of hiring incentives, when the requirements of the applicable regulations are met in each case, depending on the characteristics of the temporary situation, the company, the worker, the working day or the duration.

The workers who in a period of thirty months have been contracted for a period of more than twenty-four months, with or without solution of continuity, for the same or different job with the same company or group of companies, by means of two or more temporary contracts, either directly or through their provision by temporary employment companies, with the same or different contractual modalities of determined duration, will acquire the condition of permanent workers, except for the labor relations of interim and relief.