Scope as a cause of the ineptitude extinctive ex article 52 a) of the Statute of Workers

Abstract

In this article it is analyzed, from a scientist and judicial point of view, the application field of the extinctive cause of the worker relation which is picked in the article 52 a) of ET, concerning the subsequent ineptitude o when it is known by the employer after the starting of the worker in the enterprise, since this cause it is like a «tailor's booth» where lots of residue cases that they can’t fit in other articles, they can fit in this article.

So, it is studied the characteristics and the requirements that are required for the appreciation of this extinctive cause, and its difficult delimitation with some specific cases, like the declaration or not of permanent disability of the worker in any of its degrees during the worker contract, o the absence of the professional qualification of the worker. Furthermore, it is studied the problems that appear when the worker is doing the proof period and the consequences that its no fulfilment can have for employer and worker.