Liability of partners for lack of adequacy of Association of the law. Requirements for termination
Section: Juris. labor , Decisions
"I. - The part that runs says it is in total disagreement with the judgment of first instance regarding the interpretation of section 4 of the First Transitional Provision of Law 20/2007 of corporations and limited liability as section 2 of that provision establishes the need for adaptation
of corporations and limited to the new law provided that contradict its provisions, in the case of the Articles of Association G. SAU there was no contradiction with this law, except the article relative to capital, but the execution was impossible to fulfill because the company lacked the capital injection sufficient to achieve minimum number required; Read the remainder of this article »
Tags: dismissal , responsibility , companies
Dismissal unjustified absence at work
Section: Juris. labor , Decisions
"II. - It's peaceful on 22 December 2007 Mrs. AGM began working for the account of the H.; That in April 2009 the worker was on vacation MURCIA SPAIN and had to return to her job on April 30, which On 29 April he was ruining his car and brought it to the workshop, the fifth day of May started her journey back into ANDORRA, when he witnessed to the company was notice a letter informing him of his immediate dismissal without notice or obligation to satisfy him any compensation for not having submitted their job for 5 consecutive working days without justifiable reason, Read the rest Article »
Tags: dismissal
Dismissal for lack of authority or disabled professionals to carry out work tasks
Section: Juris. labor , Decisions
"III. - It's peaceful Mrs. GBS suffers from a severe bronchial asthma that worsens very labile when exposed to environments with allergens or dust inhalation and passive smoking. A consequence of this condition, Mrs. GBS used mask, gloves and apron to carry out their activities in the store several times since the beginning of its activity, without any inconvenience caused to the company. He also repeatedly complain about the accumulation of dust in the shop, so that the company did clean the store every day but without any positive effect on the health of the worker. Now, Mr.. LT, superior of Mrs.. GBS confirms that the tasks of the worker were mainly carried out the logistics of the warehouse is in control and monitoring of stocks and sales, in carrying out Read the rest of this article »
Tags: dismissal
Position of trust in labor relations: the nature and scope. Determination of wages
Section: Juris. labor , Decisions
"III. - Has previously determined what was the task undertaken by Mrs. SRF in the company NPD, since it was first intended for administrative tasks only when the company maintains that it enjoyed a position of trust. Position of trust to be understood, the meaning of Article 38 of the Act on employment contract, and all directors and managers who, by nature of their work can not be subject to a strict limitation the day. In this order of idea, the common law considers that the essential criterion that characterizes a position of trust is a great autonomy of action of the employee with power steering and / or management major. Read the rest of this article »
Tags: dismissal
Nature of the employment contract, suspension condition. Fixed-term contract, early termination
"III. - On October 17, 2008 Summer signed with Ms. CG a contract, the parties were called precontracte in which they agreed: "1) requires that TEE is a dar erotic Mrs. CG in quality monitor for the 2008-2009 winter season, and the employees are equally obliged to accept it ... and 2) that the contracting Mrs. Done that CG is subject to the amount obtenga authorizing residence and workplace of the Principality of Andorra that will FULLEST EXTENT PERMISSIBLE Lauch tareas the monitor, 3) that Mrs. CG percibirá a base salary in accordance with the salary category established by TEE, 4) that as soon as Mrs. CG obtenga amount authorizing the Immigration Read the rest of this article »
Tags: dismissal , employment contracts , precontracte
Dispute between employer and employee: the occasion of farewell and withdrawal justified
Section: Juris. labor , Decisions
"IV. - The incident that occurred on 11 February 2008 is not, in itself, no specific manifestation of a dismissal. However, being a violent quarrel between the parties with reciprocal times, it could result in immediate dismissal of the employee by the company for reasons of serious injury towards the employer and / or serious disregard for the obligations relating to good order, discipline of the company, contained in sections 10 and 11 of Article 72 of the Act on employment contract, and could lead to a justified withdrawal of the worker Read the remainder of this article »
Tags: dismissal
Innovations in the unwritten contract. Dismissal for economic reasons: economic report available to the employee
Section: Juris. labor , Decisions
"IV. - Certainly not on the labor contract signed between the parties, any outstanding premium of December, and it is also true that Article 67 of the Labor Law provides that the employer may occasionally and exceptionally rewarding the worker unilaterally and voluntarily. However, the employment contract may progress during the employment relationship and the parties can always add new conditions by mutual agreement, either written or verbally. Moreover, the criteria specified by the liberality of the company is its occasional and exceptional, so that when allowance is renewed every year can not speak of unilateral and voluntary liberality of the company but of a complementary part payment of wages.
Read the rest of this article »
Tags: dismissal , the employment contract
Staff realció special farewell
"IV. - With respect to the activity director of the music school, it derives from the special relationship of personal contract dated January 1, 2008. Article 2.2 of the Act on employment contract provides that the special character of relations, ie any work that is explicitly declared as a special working relationship by law, are regulated by labor law with non- imperative and in subsidiary matters not expressly agreed. The Act classifies public administration personnel in: Read the rest of this article »
Tags: dismissal
Dismissal of workers: formal elements
"III. - The dismissal of an employee must meet different requirements of form and substance, referred to in Article 72 of the Act on employment contract. The said article states: "The employer may dismiss the employee, regardless of the type of employment contract, without prior notice or obligation to meet any compensation when a concurrence of the following: ... 2) the causation of serious or minor material damage but repeated, resulting in the voluntary employer or by serious negligence ... 6) The decrease in performance during voluntary work, as evidenced by objective factors ... 10) towards the serious injury the employer or manager or towards the family, 11) general obligations relating to serious faults in good order, discipline of the company, safety and hygiene at work or the contract execution. Notice of leave must be made by exposing their cause, by registered letter with notice of receipt or by direct delivery to the worker who must sign their receipt with the date the statement and if it refuses to sign, in the presence of witnesses .. ".
Regarding the form, the case law requires that the exposure of the cause of the dismissal in the notice of departure is sufficiently precise and detailed that the worker has a full knowledge of facts that are imputed to justify his dismissal. If Aunt, force is to note that the letter delivered to the employer to Mrs. ICS mentions generic grievances, without specific and accuracy of its location in time, which originated fingers grievances. Therefore, if considered necessary without regard to funding, the dismissal is justified, one must consider that the same was done improperly, giving rise to the indemnification provided for in Article 76 of the Act on employment contract. "
Judgment of the Civil Division of the High Court dated 23/4/09, JL speaker. Vuillemin, Aunt 004/09.
Tags: dismissal
Make personal calls from work is not cause for dismissal
"That said, as he said the case law, the use by an employee of a business phone to make calls private, is something tolerated in the workplace, provided that such personal use is not abusive. The immediate cause for dismissal of Article 72 of the Act on employment contract relate to serious incidents and, therefore, constitute an act of fraud, disloyalty or breach of trust referred to in Article 72, paragraph 1 law, a private call with the phone company by an employee must correspond to a personal use of the telephone company that exceeds the tolerance that may be reasonably required of an employer. Whereas in Andorran law the only sanction the conduct of an employee's dismissal, not all acts of fraud, disloyalty or breach of trust can generate the same effects, but because they correspond to the same cause of dismissal must present a sufficiently serious nature to respect the balance between guilt and penalty, established by Article 72 referred to. It follows from these considerations, because they use the business phone for personal calls by employees would constitute cause for dismissal within the meaning of Article 72 referred to, the company has, either expressly stated clearly and unambiguously that accepts no tolerance for the use of their phones, although we solemnly warn the employee, before any penalty and particularly before a dismissal constitutes a very serious sanction by the worker, for that reason a private use of the telephone company to the employee, regarded as abusive, can not continue the tolerance hitherto admitted.
...
IV. - As the cost of related calls should be emphasized that occurred during the same month two years, although the company has expressed any opposition to the letter of dismissal, what shows tolerance of the situation by the association, which, as mentioned above, could not end without a solemn warning that has not been credited in Aunt. Therefore, the A. today can not claim compensation for the cost of calls when tolerated and accepted for most of the employment relationship. "
Judgment of the Civil Division of the High Court dated 23/12/08, JL speaker. Vuillemin, Aunt 231/08.
Tags: dismissal
The amount of compensation in case of dismissal should contribute to the CASS
Section: Juris. Administrative , Decisions
By judgment dated 27/7/09, number 71-2009, west L. Saura, the Administrative Chamber of the Supreme Court revoked the decision of the Magistrates Court which considered invalid by the decision of the CASS which demanded compensation for the contributions made to employees laid off seventeen, meaning that the fact that no compensation enshrined in the concept of "wage" that Article 56 of the Act on employment contract provisions, under which the salary is the remuneration that the employer gives the employee as consideration for their services, not deprived of nature when exposed to precisely what the compensation of Article 70 is to reward services in terms of duration of the contract should provide and not provide for unilateral and non-causal and therefore not illegal illegal employer, the employer, unlike the compensation provided by Article 76 Where the employer has claimed a cause for dismissal is not true or that has not been demonstrated, a compensation-related illegal action by the employer which is compatible with the perception that corresponds to the employee's salary until the end of the legal effects of his employment contract. So to follow Article 12 of the Technical Regulations indicates that the base price to be paid employees includes "the total remuneration during the reference period reembossades precedent", the compensation provided for in Article 70 is remuneration from the standpoint of the social security legislation and wage-from the perspective of law-sector employment, and therefore should be subject to quotation.
The question according to the Journal of Andorra .
Tags: layoff , contribution
The disregard of the obligation of the employee to specify the cause of the withdrawal to the employment contract, not sets its inefficiency. The breach of the duties of the company can be understood as a dismissal
By judgment dated 26/3/08, JL speaker. Vuillemin, (Aunt 303/08) the Court understands that unlike what is expected in terms of dismissal, the law does not sanction any way the requirement for a waiver of the employee, but only the requirements of funds, the making a withdrawal justified by the circumstances of Article 75 of the Act is fully effective but has not been communicated in due form. This violation of the standard form can only be consequences to the date on which to compute the term or expiry of limitation for action on compensation for unjustified withdrawal.
However, the Court considers that the withdrawal, it is justified or not, requires the willingness of workers to unilaterally terminate the employment relationship. When this will not exist, the worker is in a situation not acceptable because the company can legitimately be considered dismissed so disguised. Consequently, the failure to timely pay the company to pay the worker is more of a reason to justify withdrawal of the worker, disguised as a dismissal of the same, which in any case, the company responsible for the breakdown of illegal employment, and will indemnify the employee in accordance with the provisions of Articles 70, 71, 72, 75 and 76 of the Act on employment contract.
Tags: dismissal
Dismissal: because
"The decree does not specify the content of the statement of the cause of the dismissal, but must be sufficiently clear and precise so that the worker can appreciate and discuss the nature of the dismissal justified or not.
... / ...
Force is to confirm that this letter makes no statement of the cause of dismissal remains obscure and undefined by the worker, because serious errors detected are not listed or detailed ....
Therefore one must consider that the letter dated 16 February 1996 has not satisfied the requirement of exposure due to leave, as required by Article 9 of Decree labor and therefore it is a dismissal done improperly giving the employee the right to compensation .... "
"In effect the dismissal letter should detail the real reason for dismissal ..."
Judgment dated 28/9/98 RJ. 998.
"Indeed if the legislator wanted in the letter of dismissal stating the cause of the exposure of farewell is to allow the worker to defend himself and answer the facts that are imputed, if unjustified, thus is not sufficient, as the Supreme Court has had the opportunity to say it ... "
Judgment dated 28/9/98, RJ 992.
"The decree does not specify the content of the statement of the cause of the dismissal, but must be sufficiently clear and precise so that the worker can appreciate and discuss the nature of the dismissal justified or not"
Judgment dated 20/2/97, RJ 732.
"The decree does not specify the content of the statement of the cause of the dismissal, but this should be clear and circumstantial, because the worker can appreciate and discuss the nature of the dismissal justified or not.
... / ...
is not sufficient to justify dismissal of the employee, if not developed by a brief summary of the facts that are considered by the employer and reprotxats constititutius assumptions listed in the wage. "
Judgment dated 12/6/97, RJ 771.
Dismissal: verbal
"It appears from the evidence of confessions at trial, both Mr.. John RA manager and the society, SL, and Mrs. Ester RM, responsible for the store in which she Mrs. Meritxell CJ, the latter was fired immediately and verbally on 17 or 19 August 1998, by Mrs.. Ester RM stating it literally "takes things up and running."
Furthermore, although the company has subsequently sought to normalize the situation, sending the employee a letter of dismissal with acknowledgment of receipt, delivered on 25 August 1998, that formality does not preclude the existence of a verbal dismissal, and therefore improperly done, ... "
Judgment of the Civil Division of the Superior Court of Justice dated 21 October 1999, RJ 1207.
