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The Supreme Court allows the company to change the direction of the option once the unfairness option has been recognised.
The Court considers that the compensation option chosen by the employer at the time of dismissal does not bind him if the offer was not accepted by the worker. It opens the way for the employer to defend the validity of the termination if it goes to trial.
Source: Labour Law Department. G. Elias y Muñoz Lawyers Madrid
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