When a worker demands overtime, the Supreme Court declares the dismissal null and void
The Plenary of the Fourth Chamber of the Supreme Court has applied the guarantee of indemnity and has declared the dismissal of the worker null and void With a fixed-term contract, he was fired the day after he disagreed If overtime is not paid.
The High Court confirmed the company’s allegations as grounds for disciplinary action Decrease in performance It was not proved and adds that the dismissal immediately after the claim made it impossible for the workman to make any legal claim.
The judgment argues that, as a general rule, internal claims within a company do not trigger the indemnity guarantee, but if the worker Internally claims and is immediately firedThe impossibility of preparing a court claim before the dismissal is “due only to the employer”, without the company recognizing the existence of violations justifying the termination of the contract.
For this reason, the sentence indicates that in this temporal context, it functions as an indication “Breach of Indemnification Warranty”, which obligates the employer to prove that the dismissal does not involve a violation of the fundamental right enshrined in Article 24 of the Constitution. The sentencing decision has been communicated to the parties and the full text of the resolution will be communicated in the next few days.
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