Article 35 of the Spanish Constitution enshrines the free nature of the employment relationship and its highly personal and voluntary nature, which is why the employee may terminate the employment relationship unilaterally and without giving cause.
Termination of the employment contract at the will of the employee
The cases of termination of the employment contract at the will of the malaysian phone numbers employee are regulated in article 49 of the Workers' Statute:
By mutual agreement of the parties
Due to employee resignation
At the will of the worker, based on a breach of contract by the employer
Termination of the employment contract at the will of the employee exists both when there is a just cause to terminate the contract and when it is merely a matter of the employee's will.
Specifically, we will focus on two cases of termination of the contract at the will of the employee: the resignation of the employee (article 49.1.d) Workers' Statute) and the termination of the contract at the will of the employee due to breaches by the employer (article 49.1.j) Workers' Statute).
The cause for termination is the free will of the employee to terminate the contract. No formalities are required and only a notice period is contemplated to inform the employer that the employee will cease to provide services and thus cause the employer the least possible harm.
Another type of work is the abandonment of the worker in the case of unjustified and prolonged absences from the workplace with the aim of terminating the employment relationship. The worker does not express his desire to end the employment relationship, but his conduct reveals his intention to break the employment relationship.
The difference with resignation is that in this case the notice period is not fulfilled.
A clear distinction must be made between an employee's resignation without notice and unjustified absences from work. In the first case, there is a desire to terminate the employment relationship on the part of the employee. He or she wants to end the employment relationship. However, in the case of unjustified absences, there is no such desire and the employer may only sanction the employee if the absence is unjustified.
That is, the worker's actions must show a deliberate intention to terminate the employment contract, either expressly or tacitly.
Terminate the employment relationship due to non-compliance by the employer
On the other hand, the worker may request the termination of the contract with compensation due to breaches by the company . This is a causal termination included in letter j) of the first section of article 49 of the Workers' Statute, which is complemented by article 50 of the Workers' Statute, which regulates the just causes for which the worker may exercise the termination action .
If it is proven that there has been such a breach, the employment relationship will be terminated, and the employer will also have to compensate the employee as if it were an unfair dismissal and the employee will also be entitled to unemployment benefits.