Compensation for termination of the predoctoral contract: end of the judicial debate
Commentary on the Supreme Court ruling 903/2020, of October 13
DOI:
https://doi.org/10.51302/rtss.2021.2298Keywords:
predoctoral contract, training contracts, contract for a particular task or service, contract termination, compensationAbstract
The main issue currently posed by the predoctoral contract is to determine whether researchers hired through this type of contract are or are not entitled to any compensation upon termination of their contract. In view of the absolute regulatory silence concerning this matter, it has been considered that the right to compensation for the termination of the predoctoral contract may derive from article 49.1 c) ET, which provides that upon contract termination, except in cases of provisional contracts and training contracts, the worker is entitled to receive compensation equivalent to 12 days’ salary per year of service. This paper precisely addresses the fate that this avenue for the recognition of compensation upon termination of the predoctoral contract has encountered in the labour courts and, most specifically, in the ruling of the Supreme Court of 13 October 2020.
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