Laboral - Rol N° O-2566-2011

Tribunal rechaza despido indirecto por carta insuficiente y declara renuncia, pero acoge cobro parcial de feriado proporcional adeudado por empleador.

• Indirect dismissal requires a grave employer breach: A worker can terminate employment via indirect dismissal (Art. 160 N°7, 171 Labor Code) only if the employer commits a grave breach of contractual obligations, of such magnitude that it breaks the labor relationship.
• Employee's alleged grounds for indirect dismissal: The employee claimed the employer failed to respect the work schedule and did not pay overtime, constituting grave breaches.
• Employee's claims: The employee sought indemnification in lieu of notice, severance pay, proportional vacation, and overtime pay.
• Employer's defense: The employer argued the termination notice was vague, the alleged facts were unproven, and the salary calculation included non-remunerative elements.
• Burden of proof in dismissal cases: Accordin...