Entitlement to compensation due to the termination of the predoctoral contract: Is there entitlement to compensation due to contract termination when it is expressly provided for in it? Regarding the rulings of the Asturias High Court of 23 and 30 June 2020

Abstract

One of the most contentious issues raised by the predoctoral contract is to de­termine whether upon its termination the researchers who are party thereto are entitled or not to any compensation. Given that based on Community regula­tions the provision of compensation for contract termination in these cases is thwarted, the possibility arises of claiming compensation based on national re­gulations and, in particular Art. 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 twelve days’ salary per year of service. Now, it is with regard to this point that the judgments of the Asturias High Court of 23 and 30 June 2020 dealt with herein that specifically address this issue are included, with the added peculiarity that, in this case, entitlement to compensation for contract termination, namely, of nine days’ sa­lary per year of service, is expressly provided in the actual employment contract.