Legal uncertainty in senior management fixed-term contracts. The causes of temporality work and the severance pay due of the employment relationship due to the expiration of the agreed time

Abstract

Many legal controversies have always arisen from the special employment relationship of senior management; one of them is the termination by the end of the agreed term, regulated in the Royal Decree of Senior Management by reference to the Statute of Workers Rights. Recently, the High Court of Justice of Madrid has decided not to apply Article 49 of Statute of Workers Rights for temporary contracts in se nior management, because understands that the causes of temporality of the Statute of Workers Rights are not applicable to this special relationship. This judgment is of particular importance for two reasons: because it has a pronouncement opposed to another judgment of the same Chamber and on identical facts; and by the consequences of applying one argument or another (especially after the labour reform introduced by Royal Decree-Law 32/2021, of December 28)