Conclusive facts that reveal the unequivocal business intention to end the legal employment relationship) is that the worker is deprived of an instrument accrediting the legal situation of unemployment, until the worker's claim produces some type of resolution from which the involuntary cessation of employment is inferred. the provision of work. In the absence of a dismissal letter or certificate from the company proving said situation.
The documents that serve to prove the legal situation of unemployment are: the administrative conciliation act, the judicial conciliation act, the final judicial resolution declaring Whatsapp Mobile Number List the origin or unfairness of the dismissal and the ITSS report stating the involuntary termination and date of effect. A peculiar case is that of foreigners in an irregular situation, that is, those who provide services for others without the mandatory residence and work authorization.
The jurisprudence established that the contract in these cases is valid, being able to enjoy all labor rights, being able to claim their salaries and trigger dismissal. In any case, the worker who lacks residence and work authorization cannot obtain unemployment benefits. The judgment of the Supreme Court dated November 7, 2017 appeal 849/2016 indicates that even though the worker requesting the benefits is already in a regular situation in our country at the time of the legal situation of unemployment.