Indemnización adicional por daños y perjuicios en despido sin causa y exigüidad de la indemnización legal tasaday sobre la aplicación directa del artículo 24 de la Carta Social Europea (revisada) y la orfandad del arbitrio judicial en la fijación de la indemnización adecuada por despido inválido

Abstract

The ruling of the Social Chamber of the TSJ of the Basque Country faces a dismissal without cause of a worker, which causes him very serious damages, since in order to celebrate the contract illegally terminated by the City Council, accepting its offer, he had to previously resign. to a previous indefinite contract, corresponding, however, to a meager legal compensation assessed at € 493.49, since the terminated contract barely lasted a month. The ruling establishes an additional compensation of € 30,000 for the wages of the minimum year of contracted work and not received by the worker due to his unjustified dismissal (lost profits). The ruling uses the conventionality control to determine the direct applicability in our system of article 24 of the European Social Charter (revised) and the right that recognizes workers dismissed without valid reason 'to adequate compensation or other appropriate reparation', which does not displace the application of article 56.1 of the Workers' Statute, but requires it to be completed with adequate compensation or appropriate reparation, which, until the legal provision is reformed, must be established by the judicial bodies. In the case, taking into account the interpretative meaning of the general clause maintained by the European Committee of Social Law.