spainboy

Just a question regarding a spanish contract when ended early by the company.
The assistant manager in the hotel where I work has been on my case for months. I know she doesnt like me. Today she basically accused me of fiddling the evening bingo. Behind my back she got someone to collect the used bingo tickets and added them up. She had me in the office today saying that they never tallied with the prize money I gave out and what was left over. I explained that I give free tickets out as prizes which I do but she is now just finding excuses to get rid of me. I signed a new contract last week until May and I wanted to give my notice today. My spanish friend who used to work with me told me the cash bingo was illegal anyway and not to hand in my notice because they might have to pay me more if eventually they get rid of me. I feel untrusted and im not sure I can work there any longer. Not sure what to do.
Thoughts on this?

Veleta

It's definitely better to be given the push than to leave voluntarily.

If you leave voluntarily you get nothing, just your last month's pay packet.

If they give you the push they have to pay you an indemnización (the amount depends on how long you have been there) plus you can register for unemployment benefit.

rachelk

How many contracts have you had? How many months have you worked in what total period of time? You may well find that under the law you are already technically indefinido.

Los trabajadores que en un período de 30 meses hubieran estado contratados durante un plazo superior a 24 meses, con o sin solución de continuidad, para el mismo puesto de trabajo con la misma empresa, mediante 2 ó más contratos temporales, sea directamente o a través de su puesta a disposición por empresas de trabajo temporal, con las mismas o diferentes modalidades contractuales de duración determinada (obra o servicio y eventual por circunstancias de la producción), adquirirán la condición de trabajadores fijos.

From Guia para el seguimiento de la contratación

spainboy

Ive been in the same job 10 years however the hotel closed for refurb in 2006 and everyone was put on the dole. The hotel reopened july 2009 and now im on 3 month contracts. The last one I signed takes me til may and I think I would need to leave the hotel anyway for a short while.(10 and a half months)

Im planning on returning to the uk before then anyway so it might be a good idea just to put in my notice now til the end of march, if i can do that

rachelk

Ah ok. I thought you'd been there ages but I didn't realise there'd been such a long break.

Madridboy

If you leave you cant claim paro. The Bingo is most definetly illegal. Why not tell your boss to get off your case or you'll report them. They cannot legaly sack you for something they cannot prove 100% in a court of law otherwise you can claim compensation and as I've already said, the bingo will be illegal. What are they going to do......tell the judge that they thought you were not playing fair in an illegal gambling game in the hotel? I think not. Why not ask (blackmail) them for a compensation to leave? The ball's in your court and you have them by the short and curlys.

rachelk

In Spainboy's case whether or not he can claim this in the firstplace will depend on whether he used up his previous entitlement when they were signed off in 2006.

As far as I know, you can only claim after a minimum of 12 months work (in the past 4 years I think) so if the previous entitlement was used up, there might not be any more to come yet and if there is, on the basis of a restart in July 2009 it won't amount to much yet.