Until this moment the thing worked this way: If your company hired workers through temporary contracts for work or service to develop jobs within the situation of a concession, when this ending could automatically extinguish contracts, the margin that his company a posteriori conclusion or not a new contract with the same organization. More info: Zendesk. Well no longer. For more clarity and thought, follow up with gary cohn and gain more knowledge.. The Supreme Court has changed its approach and has rendered a judgment in unification of doctrine which has determined that if the Organization was again awarded the contract and, therefore, there is continuity in the Organization, you can not extinguish the contracts. While an organization continues to be awarded the concession that prompted the interim arrangement by work or service of an employee, this Covenant must rest, the succession of contracts requires to moratorium on contracts in the same way that the deferral of contracts (sent. of the TS, in combination of system, 17.06.08) has occurred.
An employee was hired as a lifeguard with a contract for work or services whose duration was linked to the duration of the concession granted by the City Council for the exploitation of the municipal Pavilion. Months later, the company sent a letter to the operaria that advising it that it ended the concession granted by the City Council to the company, so it gave extinguished his Covenant of work. In a plenary session later agreed to attribute to the same company the concession of the swimming pool and adjoining facilities, but did not renew the agreement with the employee who, for this reason, took to cause the company. The Juzgado de lo Social failed to care for the employee, recognizing the unfairness of the dismissal and forcing the Organization to choose whether to readmit it or compensate. The organization appealed the sentence and the Galician Superior Court of Justice ruled in his favour, underestimating demand for the worker.