Right to unemployment benefit, compatibility between compensation and determination of dismissal of a worker suspended from employment and salary: comment on three important Supreme Court judgements

Abstract

The variety of topics that were analysed by the former Supreme Court magistrate, Mr Aurelio Desdentado Bonete, show the dominance and knowledge that he had in the field of Social Security. The three rulings that are analysed here are proof of this. In the first, it is analysed whether the suspension of employment and salary of a worker may or may not cause the worker to leave the Social Security. Secondly, we will study whether it is possible for the same worker to be entitled to two different compensation: the first for unfair termination of their employment contract and, the second, the one provided for in the collective agreement for the situation of total permanent disability derived from an accident of job. Finally, we will comment on whether or not a worker who provided services for a public limited company is entitled to unemployment benefit.