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SPAIN SP.1

SPAIN SP.1 Joint liability of group of companies - novation of employment contract - internal promotion to top management - extinction of contract at instance of employer - survival of ordinary employment relationship HEADNOTES Facts The plaintiff held the post of director in an undertaking linked to others in a single group. From 1 November 1967 (date of his first contract) until 13 December 1989, when his services were dispensed with, he had performed a variety of techni- cal and representational tasks for various companies in the group, on occasion for several at the same time. In the last undertaking in which he served he was pro- moted to top management on 22 September 1982; while acting as such, he also per- formed other tasks, such as the preparation of reports and visits to clients, for the undertaking. On 13 December 1989, the undertaking decided to dispense with the plaintiff's services. The plaintiff sought in the competent social court both compen- sation for the termination of his relationship with the group as a member of top management and the maintenance of the underlying ordinary employment relation- ship, on the ground that his dismissal had been improper. When his claim was http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6028
DOI
10.1163/221160291X00169
Publisher site
See Article on Publisher Site

Abstract

Joint liability of group of companies - novation of employment contract - internal promotion to top management - extinction of contract at instance of employer - survival of ordinary employment relationship HEADNOTES Facts The plaintiff held the post of director in an undertaking linked to others in a single group. From 1 November 1967 (date of his first contract) until 13 December 1989, when his services were dispensed with, he had performed a variety of techni- cal and representational tasks for various companies in the group, on occasion for several at the same time. In the last undertaking in which he served he was pro- moted to top management on 22 September 1982; while acting as such, he also per- formed other tasks, such as the preparation of reports and visits to clients, for the undertaking. On 13 December 1989, the undertaking decided to dispense with the plaintiff's services. The plaintiff sought in the competent social court both compen- sation for the termination of his relationship with the group as a member of top management and the maintenance of the underlying ordinary employment relation- ship, on the ground that his dismissal had been improper. When his claim was

Journal

International Labour Law Reports OnlineBrill

Published: Jan 1, 1990

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