Supreme Court: employer must reimburse workers terminated for “company needs” the amount discounted as employer contribution to AFC
Last February 2023, the Supreme Court accepted the appeal for unification of jurisprudence filed against the sentence handed down by the Court of Appeals of Santiago, given that the latter rejected the appeal for annulment filed against the sentence of base, which partially accepted a claim for unfair dismissal.
The ruling concludes that, “(…) if the termination of the contract due to the needs of the company was considered unjustified by the court, the condition is simply not satisfied, to the extent that the dismissal was not based on one of the causes provided for by the article 13 of Law No. 19,728”.
Due to the above, the Supreme Court accepted the appeal for unification of jurisprudence, and in a replacement ruling decreed that the basic ruling is partially void, and that the employer must reimburse the discount made to each worker from the amount corresponding to their contribution. to unemployment insurance.
For more information, you can read the following newsletter prepared by our BSO team at BDO Chile.
Last February 2023, the Supreme Court accepted the appeal for unification of jurisprudence filed against the sentence handed down by the Court of Appeals of Santiago, given that the latter rejected the appeal for annulment filed against the sentence of base, which partially accepted a claim for unfair dismissal.
The ruling concludes that, “(…) if the termination of the contract due to the needs of the company was considered unjustified by the court, the condition is simply not satisfied, to the extent that the dismissal was not based on one of the causes provided for by the article 13 of Law No. 19,728”.
Due to the above, the Supreme Court accepted the appeal for unification of jurisprudence, and in a replacement ruling decreed that the basic ruling is partially void, and that the employer must reimburse the discount made to each worker from the amount corresponding to their contribution. to unemployment insurance.
For more information, you can read the following newsletter prepared by our BSO team at BDO Chile.