La resolución del contrato de trabajo por voluntad del trabajadorel artículo 50 del estatuto de los trabajadores

Abstract

The primary purpose of this thesis is to provide a global, updated and exhaustive vision of a legal institution that, throughout history, has received certainly less attention than, in our opinion, its relevance justifies. One of the most virtuous characteristics of art. 50 ET lies in the heterogeneity of its structure. Thus, the distinctive element that predominates in this statutory precept is its ability to instrumentally use various legal figures that, in other contexts, constitute an end in themselves. The mere existence of a substantial modification of the working conditions does not definitively resolve the legal controversy, the occurrence of a lack of payment or continuous delays is not exhausted by the claim for an amount for that purpose and a violation of fundamental rights does not lead, inevitably, in a procedure for their protection, but when we talk about compensated termination, these circumstances only represent a preliminary requirement to comply with the requirements established when resorting to the compensated termination mechanism. When initiating the action of art. 50.1 ET and request the judge to terminate the employment contract with the right to receive compensation equivalent to unfair dismissal, a series of procedural issues of undoubted interest must be complied with: procedural modality, deadline, need for survival of the employment relationship, exceptions to the general rule, possibility of unilateral resolution or adoption of precautionary measures. All of them will be analyzed from the prism of domestic law and Comparative Law, paying special interest to the differences between civil law and common law systems. Finally, located within the scope of art. 50.2 ET, we will analyze economic aspects that are not exempt from importance in the framework of the termination of the contract at the will of the worker, such as the compatibility between compensation for dismissal and compensation for violation of fundamental rights, the viability of requesting compensation greater than what is legally required and we will put on the table some proposals for legislative improvements for the future