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A part-time worker who announces "I'm quitting" voluntarily resigns

| News | Employment Law and Social Security

Alfredo Aspra analyzes the sentence that admits the existence of an employment relationship between the company and the worker

A person who works on an hourly basis and in a discontinuous manner and who drops demonstrations such as "I'm quitting" and requests that "don’t give me any on-call shifts" is considered to be self-dismissed and not unilaterally fired from the company”.

This is recognised by the High Court of Justice of Aragon, in a ruling of 10th February 2020, in which it admits the existence of an employment relationship between the company and the worker, but not that it is an unfair dismissal, especially since she herself had started working full time for another company at that time.

Alfredo Aspra, partner in charge of the Employment Area of Andersen Tax & Legal, explains that "in order to be able to rescind a voluntary employment termination, it is necessary that such a demonstration is not seen by the company and here it was, as a consequence it was in the month of July 2018 that no more on-call shifts were assigned to her and it was then that she reacted by resigning, reasons for which the appeal presented by the doctor against the clinic was rejected”.

You can read the full article in El Economista.

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