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Dismissal without cause is qualified as improper and not null

| News | Employment Law and Social Security
When the employer terminates an employee's employment contract without justification, the employee continues to maintain his cause and therefore the dismissal should never be declared null and void, but in these cases, the declaration of unsuitability must be applied.
Thus, the High Court of Justice (TSJ) of Andalusia, in a ruling of 19th November 2020, determined that the dismissal is not an abstract legal transaction, since one thing is the cause of the employment contract (as an economic and social function), and something else is the cause of the discontinuance
In this respect, Alfredo Aspra, partner of the Andersen Labour Department, explains that this is an essential ruling due to its transcendence, of great relevance. He considers that dismissal without cause is inappropriate and can never be declared null and void. It would serve this thesis, without judging it, that the dismissals of Article 2 of Royal Decree Law 9/2020 (prohibition of dismissal in Covid-19 employment law) must be qualified as improper and not void.
The full article can be read in El Economista.
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