TERMINATION OF THE EMPLOYMENT CONTRACT BY THE WILL OF THE WORKER IN SPAIN

In Spain, a claim can be filed by the worker against the employer requesting the procedural protection of article 80 and concordant of the current Law 36/2011, of October 10th, regulating the social jurisdiction (LRJS).


The previously referred legal action would be formulated to the corresponding Social Court invoking the EXTINCTION OF THE EMPLOYMENT CONTRACT BY THE WILL OF THE WORKER BASED ON THE NON-PAYMENT AND / OR CONTINUED DELAYS IN THE PAYMENT OF THE AGREED SALARY, against the company/employer.


Spanish jurisprudence (legal precedents) has declared that non-payment of wages operates objectively as a cause for termination of the employment contract, so that the legal requirement of the seriousness of the behavior is the one that outlines in each case the concurrence of the legitimate breach of the termination, without it being necessary the guilt of the employer and without the possibility that due to a bad economic situation the action could be enervated.

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