Can a worker retract his decision of terminating the working contract with the company, if he has notified it within the established legal period? Is the business owner obliged to accept this change of mind or, on the contrary, can he understand that this decision of terminating the contract is immovable and it cannot be rectified by the worker?
On the other hand, can a business owner who has notified the dismissal of a worker, retract and rescind this decision? In this case, should the worker accept such change of mind or can he on the date leave the company as a dismissed person?
These questions are interesting and the answer is been given by many Courts but in diverse ways, so that the Supreme Court has to pronounce itself about this issue, even though everything has to be said differently.
What seemed a weird situation is something relatively frequent and there are many judgments about it, as we have said, and after studying them, we should give an answer to the questions with which we began this article.
It could be said that the right of retraction is recognized as it is established that a stable job shall prevail, but it is also true that everything could be put into context and it depends on each situation.
In this way the Supreme Court has pronounced a judgment dated on 28th October 2014 regarding two previous judgments with apparently similar situations but with two different results. There was a judgment whose implementation was claimed by the appellant worker and the other judgment was the one that the worker got before and he wanted it to be modified applying the first example. The Supreme Court has ruled that the situations were not the same and has rejected the implementation of the judgment that the worker wanted.
The worker has obtained an unfavorable judgment in his trial and wanted that the Supreme Court examines his judgment alleging that there is another judgment which solves a similar case with different results.
The Supreme Court rejects this possibility because there are many differences between the two cases, such as the following: in the appealed judgment, the worker announced his dismissal for a concrete day and, although he retracted his decision, he did not sign such day in the assistance work schedule of the company. Another difference is that in the appealed judgment the worker has retracted his decision just in the day of the dismissal, while in the other case the worker retracted his dismissal many days before. In the appealed judgment the retraction was done in the last day, as we have said, and suddenly without any explanation, but in the other case the worker retracted because he realized that his dismissal will be prejudicial for his retirement pension because he was badly informed, so the change of mind was justified. Finally another difference is that in the appealed judgment the worker reappeared three days after the dismissal, while in the other judgment, whose application is required by the appellant, the worker never left his job.
Therefore we can say initially that the worker can retract his decision as well as the company, but the decisive point will be how this retraction is done in order to know if it is effective or not.