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The fall of the volume of a contract is cause of extinction of employment

The reduction of the volume of a contract can operate as a cause of extinction of the work or service contract linked to the contract. Alfredo Aspra analyzes it in an article published by El Economista

The reduction of the volume of a contract may operate as a cause of extinction of the work or service contract linked to the contract when so stipulated in the agreement, establishing the criteria to be followed in order to determine the contracts to extinguish, as established by the National High Court, in a ruling of September 16, 2019.

In this regard, Alfredo Aspra, partner of Andersen Tax & Legal, responsible for the Employment Law Department, points out that "the worker who signs a temporary contract for a specific work or service under the precept that is being challenged is aware from the moment of signing the contract that it may be extinguished not only by the termination of the contract, but also by the decrease in the volume of the same. In its ruling of 16 March 2005, the SC ruled that this situation has a place in the regulation of the contract for a specific work or service contained in article 15 of the Worker’s Statute".

Alfredo Aspra adds that "in the same way, it cannot be said under the recent Community doctrine that there is a difference in treatment proscribed by clause 4.1 of the Framework Agreement annexed to Directive 1999/70/EC, since the worker knows from the moment of the conclusion of the same, the event that determines its termination, which, moreover, conforms to the provisions of domestic law".

The full article can be read in El Economista.

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