Can my temporary contract be over while causing and continuing to charge?Can my temporary contract be over while causing and continuing to charge?
Normally, when a worker causes work low for temporary disability, it is the company and security who take care of his payroll while his convalescence lasts.It is an essential right of any employee in any sector and by which a monthly fee is retained so that, if necessary, it can enjoy the public health service and, also, a compensation that ranges between 60% and75% of the regulatory base of your salary.However, although in cases of temporary disability, the worker is still hired by the company, what happens if the decline is prolonged beyond the duration of the agreement?
Luis San José Gras, a partner of the Agm Lawyers Labor Law area, explains that "the formalization of a temporary contract entails that there is a termination of the contract within the period established in the same.In the event that the working person has suspended their employment contract for temporary disability, it does not deprive its completion when it has reached its term.That is, being of low temporary disability, the signed employment contract ends if it reaches its term ".
In essence, a work decline cannot force the legal company or morally to extend a contract that ends before the expected date of the worker.However, what happens then with the worker, in case of a long low?Let's put a practical case: suppose that an employee has a month of contract and the temporary leave of it lasts for six months in which, obviously, he cannot look for another job in which to work.What happens during that time?Can you continue charging your salary?And who takes care of your salary until you can receive the discharge?
Labor leave or unemployment benefit
San José recites current legislation: "These are determining situations of temporary disability that are due to common or professional diseases and accidents, whether or not they are work, while the working person receives health care for social security and is prevented from work".That is, we always talk about casualties with a certain duration, not a permanent disability, which requires other channels and regulations to apply.
Cying the temporary casualties, "the maximum duration is 365 days, extendable for another 180 days when it is presumed that during them the working person can be discharged by cure," according to San José."If the worker, after the end of a employment or dismissal, is still ondued due to temporary disability, will continue to receive the provision for temporary disability in amount equal to the unemployment benefit, until this situation is extinguished,passing from then on the legal situation of unemployment, provided that the extinction had been produced by any of the causes indicated in Artº 267 of the General Law of Social Security.
Among those cases are the ordinary, collective or objective dismissal, the suspension of the contract or its extinction.In the latter case, "the period of perception of unemployment benefit that would have remained in the situation of low disease from the date of extinction will be deducted from the period of perception of unemployment, not discouragement if the temporal disability comes from a work accidentor a professional illness, "concludes San José.
