The Supreme Court of Spain issued a ruling dated on 20th October 2015 in which it is stated the consequences of an employee denial of coming back to work. The employee had in his favour a judgment of unfair dismissal and, although the company wanted him to come back to work, he refused it. As a consequence of it, he will not be able to count this period in the length of service, in other words, the period between the judgment of unfair dismissal and the settlement of the working relationship will not count because the employee did not want to return back to work.

However the period between the dismissal and the date of the judgment recognizing the unfair dismissal is included in the calculation of length of service.

The length of service is used for calculating the compensation that the company should pay to the employee when there is an unfair dismissal judgment. The company wanted the reinstatement of the employee but he refused it.


Therefore the period after the judgment is not included for the calculation (although the period between the dismissal and the judgment counts), according to another judgment of the judge De Castro Fernández, who attributed the lack of income to the employee choice after the judgment. However the company is liable for the period previous to the first judgment, which is the length of the dismissal proceeding.

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