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\nIn this second installment we address other questions raised by the new permanent-discontinuous contracts, referring to the right to unemployment, the notice to the worker for their incorporation, and another series of rights of the new hires under this modality.<\/h3>\n<\/blockquote>\n
In the first place, it arises has to do with the right to unemployment and its management<\/strong>. In principle, what the law establishes is that when the appeal period ends, the employee has the right to apply for unemployment. The only problem that may arise is that, in order to be entitled, contributions have been made for a minimum of 360 days prior to the request for said benefit, this can mean that many workers do not receive said benefit, but yes, it is clear that the termination of a contract fixed-discontinuous due to a cause not attributable to the worker, clearly it is an assumption established in the regulations to enter into a legal situation of unemployment. But you will need to have contributed for that aforementioned period.<\/p>\n
Another of the particularities of this employment contract has to do with the obligation on the part of the company to notify the worker at the time of joining<\/strong>. It is what is known as a call, and the law requires the company to contact the discontinuous permanent worker to notify him when he must return to work, and if
If the company does not make this appeal, it supposes a termination of the contract without cause. The worker will have to submit his dismissal claim and do so within 20 days from the occurrence of the circumstance that should have been called.<\/p>\nIn principle, it would be unfair dismissal when there is no justification for the termination. This would mean compensation of 33 days per year worked.\u00a0<\/p>\n
On the contrary, if a worker is called and does not go to the call<\/strong>, it can be understood that there is a resignation of the worker. He leaves his job by not showing up after that call, and could mean dismissal, which in turn would mean that the company does not have to call him again in the following years.<\/p>\n
It may be the case that in the case of young people and in precarious sectors. In this way, a worker who had a fixed-discontinuous contract for one year, when the following summer arrives, is working on something else and will not go.<\/p>\n
Lastly, say that a discontinuous permanent contract can become indefinite<\/strong>, since article 7.16 of the Workers' Statute states that "the company must inform permanent-discontinuous workers and their legal representatives when there are vacancies of an ordinary full-time permanent nature". That way they can request that conversion of the contract, although in terms of conversion it depends on the collective agreement. It is not automatic, they will have to go to the selection process with the rest of the workers and have the appropriate training to enter that selection process.<\/p>\n
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In this second installment we address other questions raised by the new fixed-discontinuous contracts, referring to the right to unemployment, the notice to the worker for his incorporation, and another series of rights of the new employees under this modality. First of all, the question is about the right to unemployment and its management. In principle, [\u2026]<\/p>","protected":false},"author":2,"featured_media":120865,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-120864","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-noticias"],"_links":{"self":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/120864","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/comments?post=120864"}],"version-history":[{"count":2,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/120864\/revisions"}],"predecessor-version":[{"id":120868,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/120864\/revisions\/120868"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media\/120865"}],"wp:attachment":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media?parent=120864"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/categories?post=120864"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/tags?post=120864"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}