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- Title
Indemnización y trabajador en excedencia afectado en expediente de regulación de empleo.
- Authors
Poquet Catalá, Raquel
- Abstract
In this work, it is realized an analysis of the rights of the worker on voluntary leave who is affected in a labor force adjustment plan, specifically, the right to receive the corresponding compensation for collective dismissal or not. The judicial and jurisprudential doctrine has denied that the worker on leave involved in a labor force adjustment plan has the right to it. However, this goes hand in hand with the position one has on the legal nature of voluntary leave, an issue debated between doctrine, both scientific and judicial. In this sense, a doctrinal line has considered that voluntary leave has an extinctive character, while another a suspensive nature and another considers that it is a tertium genus.
- Subjects
LABOR supply; SEVERANCE pay; EMPLOYEE rights; LEAVE of absence
- Publication
e-Revista Internacional de la Protección Social, 2021, Vol 6, Issue 1, p370
- ISSN
2445-3269
- Publication type
Article
- DOI
10.12795/e-RIPS.2021.i01.17