Laboral - Rol N° O-5933-2015

Workers successfully claimed justified constructive dismissal against Constructora Luis Duran Palma E.I.R.L. and related companies for unpaid wages and contributions, despite the employer's liquidation, leading to ordered payments and liability.

• Workers initiated constructive dismissal (auto despido) under Article 160 N° 7 of the Labor Code due to grave breaches by Constructora Luis Duran Palma E.I.R.L., including abandonment of works, non-payment of September 2015 wages, and non-payment of social security contributions for August and September 2015.
• The court found the constructive dismissal legally justified, recognizing the employer's abandonment of works and failure to meet fundamental obligations as grave breaches of contract.
• Inmobiliaria Santa Paula Limitada and Inmobiliaria Santa Isabel S.A. were held jointly and severally liable for the workers' claims, as per principal employer obligations under the Labor Code.
• The court applied Article 163 bis of the Labor Code, acknowledging the employer's liquidation proceedin...