Causes for termination of the employment contract by the employee

When we think of the termination of an employment contract, we usually think of the situation in which the employer decides to terminate the employment of an employee. However, it can happen the other way around. Therefore, as expert lawyers in labour law, here we want to talk to you in depth about the causes contemplated by the legislation by which the worker can proceed to terminate his employment relationship with a company.

Termination of the contract during the probationary period

Article 14 of the Workers' Statute regulates the probationary period for employment contracts and establishes limits on its duration, which may be modified by the respective collective agreements of each sector. In any case, it may never be longer than 6 months for technical graduates and no longer than 2 months in all other cases.

In this regard, the legislation provides that both the worker and the company may terminate the employment relationship without the obligation to give notice or compensation during the probationary period.

Termination of the contract by mutual agreement

Now we have to look at article 49.1.a) of the Workers' Statute to find the answer to this case. Specifically, this is a case in which the worker and the employer reach an agreement to resolve the employment situation. Unless otherwise agreed in the contract, there is no entitlement to severance pay or notice.

Termination of the contract for validly recorded reasons

An employment contract may include grounds for automatic termination provided that they do not involve a manifest abuse on the part of the employer. This is set out in Article 49.1.b) of the legal text referred to above and, as in the previous cases, does not require a notice period and is not subject to compensation unless it is agreed in the collective agreement or in the employment contract itself, which is not very common.

Termination of the contract due to completion of the work or service or due to expiry of the agreed period of time.

Article 49.1.c) of the Workers' Statute regulates this case, which is usually used at the request of the employer but can also be used by the employee. Specifically, when a work or service is completed, the employee may not wish to continue providing services to the company for which he/she was contracted.

In this case, even if the decision to terminate the employment relationship is taken by the employee, there is a right to receive compensation for termination of the contract. Moreover, if the duration of the contract has exceeded one year, the employer is obliged to give 15 days' notice, unless the collective bargaining agreement to which the contract is subject provides otherwise. However, it should be remembered that, in this case, the worker will not be entitled to unemployment benefits.

Termination of the contract due to resignation of the employee

Any employee, regardless of his or her position or job, has the right to resign from his or her duties. However, in this case, it is up to him to give his employer 15 days' notice, during which time he may withdraw his decision. This is mainly because, during this period, the contract is in full force and effect and the resignation cannot take effect until this period has elapsed.

Opting for resignation as a way to terminate the employment contract means that, once the 15 days' notice period has elapsed and the resignation becomes effective, the employee is in a situation of voluntary redundancy, at which point he or she can no longer reconsider his or her decision.

But what happens if the employer refuses to accept the employee's resignation? This case is covered by the Workers' Statute. In the event of this refusal to retract, the employment contract will be terminated by means of unfair dismissal.

Termination of the contract due to absolute or total permanent disability, severe disability or death of the worker.

These are slightly more complex cases than those explained above. For this reason, it is always advisable to have Article 49.1.e) of the Workers' Statute at hand, which is where they are represented.

Evidently, none of the cases described in the title of this section can be attributed to the worker's will in itself, as they imply the worker's inability to carry out a specific task or all of them as a whole. However, it must be considered that the Provincial Directorate of the National Social Security Institute or any body linked to it are the only ones who can determine that the worker has become totally or absolutely disabled and that, therefore, the employment relationship with the company must be terminated.

It should be borne in mind that, in the first instance, the declaration of permanent disability entails the suspension of the contract, not its termination. The employer is therefore obliged to keep your job for a maximum of two years. This is because, during that time, the public body to which we have referred can review the situation of incapacity, especially if it is foreseeable that there will be an improvement in your state of health that will make your reinstatement possible.

Termination of contract due to retirement

This form of termination of the contract, which is set out in article 49.11.f) of the Workers' Statute, may occur due to the arrival of the ordinary retirement date or due to a request for early retirement. In the event that the retirement is only partial, it will not terminate the employment relationship, but will be modified to adjust to the new working hours. However, as is obvious, the rights accumulated by the worker due to his or her seniority in the company will not be affected.

Termination of contract for breach of contract

It is possible for an employee to request the termination of his or her contract with an employer due to the employer's inability to comply with the terms of the contract. This appears in Articles 49.1.j) and 50 of the Workers' Statute, which allow the employee to terminate the employment relationship when there are non-payments or continuous delays in the payment of wages, substantial modifications in their conditions, harassment at work or the breach of any other obligation on the part of the company.

In all these cases, the worker is entitled to compensation equivalent to that which would correspond to him/her in the event of unfair dismissal.

Termination of contract due to gender-based violence

This is a particularly unique case. According to Article 49.1.m) of the Workers' Statute, a female employee can request the termination of her employment relationship simply by proving that she is a victim of gender-based violence. In this case, the employer is not obliged to pay any compensation.

Termination of contract due to geographical mobility

The last case contemplated by the law. In the event that a company informs one of its employees of a transfer to another of its work centres and that this entails a change of residence for a period of more than 12 months, the worker may terminate the contract and be entitled to receive compensation of 20 days' pay per year of service.

These are the cases in which a worker can terminate the contractual relationship that links him/her to a company. We hope we have helped you to understand them better. If you have any doubts on this subject, please do not hesitate to contact one of our employment lawyers.