The exceptional unemployment right return: a course "in limit". the supreme court sentence 16th december 2015

Abstract

The Supreme Court recognizes the reinstatement of the right to unemployment worker after an ERE extintivo once has been consumed part of this provision previously in the previous suspension of the contract. Extraordinary standards enacted in the years of crisis have refered to the right to the reinstatement of the right to unemployment as an exceptional benefit that you can recognize, if you meet all the conditions to do, those unemployed workers who have been affected by suspensions from empleoyment followed by a termination of his contract by economic causes. Thiz right ins particulary predicable in cases where apears some temporary connection between the time in wich happens the suspension of the contract, and the subsequent contractual extinction in the mercantile and when, in adition, that both events happens in some certain time periods. In the event that meets the High Court, very special, the possiblebeneficiary is the "bound" to be beneficiary of such replacement, meetseach and every one of the conditions, and only hours separate him fromthe recognition of the right, and for that reason the SEPE denies it.

And also by that and only that is the reason why the High Court creates a "legal fiction", that without more virtuality, allows us to understand that thecar agreed by the Court commercial January 2 "date key" shouldunderstand moved to December 31. Thus all the requirements without the danger of "flexible" existingstandards appear fulfilled.