Advice wanted regarding contract termination in Tenerife
Here goes - this time it's me that needs advice. I'll try to keep this as short as possible.
I used to work 'autonomo' for a company and was then put on a 40 hour temporary contract at the start of November last year. This contract was for 6 months.
After 3 months (on 2nd February) it was extended for 6 months (until 1st August)
The owner of the business came to see me on 11th April and informed me that he was closing the office where I work on 30th April. To date I have not received written confirmation of this, despite asking for it. I was offered work in one of the other offices or to work from home, but on an autonomo basis again.
Anyway ... (on a totally different issue) I needed to provide a company with an up-to-date vida laboral. I ordered this on line and have just been to the post and it was there waiting for me. (when I say 'just', that's actaully an exaggeration because it's taken me 2 hours to start to calm down).
The owner did a 'baja' on my social security on 12th April!!! Presumably this will be the date that he intends to pay me until.
I need to go and see an employment lawyer so the first question - let's have a collective brain-storming session on this:
On Monday, do I go into work as usual (I'm expected) and go to see a lawyer on Wednesday. Or do I go to the lawyer first thing Monday morning and phone the office to say that I'll be late in?
2nd question:
I haven't been officially notified of the termination of my contract and understand that I'm supposed to be given one months notice. Can he terminate it without giving me notice?
Am I entitled to be paid until Monday 30th - which is when I will work up to, ie the original contract ended on 1st May, or until 1st August when it was extended up to?
As I was on temporary contract, I assume that I won't be entitled to paro?
I know that a lot of this will be answered by a lawyer, but if I can at least get some opinions, it will help me formulate a plan.
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The Following User Says Thank You to Mike in Chayofa For This Useful Post:
Sorry to hear of your situation but a Lawyer must be your first port of call ..
You cannot speculate over your future.. get it right the first time.
Good Luck mike you deserve it as you have helped a lot of people on the forum.. What comes around and all that .. as time goes on your situation will become better I am sure ..
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The Following User Says Thank You to old golfer For This Useful Post:
I'm sorry i'm not in a position to give advice here Mike, but i really do hope everything works out how you want it to. I personally i have no doubt it will. You deserve it more than most my friend. Good luck.
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The Following 2 Users Say Thank You to Tenerife Blade For This Useful Post:
He HAS to give you a month's notice. If not, he must continue your contract or pay you off the month.
For example, if it was the case of a 9 month contract becoming an indefinido, the contract would automatically become an indefinido unless he gives you a months notice and then you could sue for the indefinido pay-off, should he want to terminate the contract...
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The Following User Says Thank You to KirstyJay For This Useful Post:
My understanding is that you must be given 1 months notice or paid off, also remember that in employment law here, I understand is very much in favour of the worker not the company, hence having a work contract is regarded as not always the norm, although the law. I am sure you will feel better tomorrow after seeing your lawyer, good luck anyway.