G) Exempt compensation derived from the termination of the employment contract for objective causes
Regulations: Art. 52 Workers' Statute
In dismissals for any of the objective causes referred to in article 52 of the Workers' Statute, compensation received that does not exceed the amount of 20 days of salary per year worked will be exempt. , with a maximum of 12 monthly payments .
For these purposes, the objective causes referred to in article 52 of the Workers' Statute and for which the contract can be terminated with compensation exempt from 20 days of salary per year worked, with a maximum of 12 monthly payments are the following:
Due to ineptitude of the worker known or occurring after his effective placement in the company. The incompetence existing prior to the completion of a trial period may not be alleged after said completion.
Due to the worker's lack of adaptation to the technical modifications carried out in his or her workplace, when said changes are reasonable. Previously, the employer must offer the worker a course aimed at facilitating adaptation to the modifications carried out. The time allocated to training will be considered effective working time in all cases and the employer will pay the worker the average salary they have been receiving. The termination cannot be agreed upon by the employer until at least two months have elapsed since the modification was introduced or since the training aimed at the adaptation has ended.
In the case of indefinite contracts concluded directly by non-profit entities for the execution of specific public plans and programs, without a stable financial endowment and financed by the Public Administrations through annual budgetary or extra-budgetary appropriations resulting from external income of a finalist nature, due to the insufficiency of the corresponding provision for the maintenance of the employment contract in question.
Unlike the above, when the contract is terminated due to the causes contemplated in letter c) of article 52 of the Workers' Statute, that is, when any of the economic, technical, organizational, production or force majeure causes occur. provided for in article 51.1 of the Workers' Statute and affects a smaller number of workers than established in said article, will be exempt from the part of compensation received that does not exceed the limits established on a mandatory basis in the aforementioned Statute for unfair dismissal (33 days per year of service up to a maximum of 24 monthly payments with the application, where appropriate, of the transitional regime for contracts formalized before February 12, 2012).
In this sense, it must be indicated that collective dismissal and objective dismissal respond to the same economic, technical, organizational, production and nature causes. The difference only lies in the number of workers affected. When the termination affects a number of workers equal to or greater than that established in article 51.1 of the Workers' Statute, the procedure provided for in said article for collective dismissal must be followed.