Laboral - Rol N° O-7264-2022

Tribunal rechaza demanda por despido indirecto de trabajador contra empresa de servicios, declarando que relación laboral concluyó por renuncia, pero condena pago de feriado legal y proporcional.

• Worker Nombre initiated a lawsuit against ISS SERVICIOS GENERALES LTDA. seeking a declaration of justified indirect dismissal and payment of various labor benefits, including indemnity for dismissal, unpaid salary, and holiday pay.
• The plaintiff based his claim of indirect dismissal on alleged grave breaches by the employer, pursuant to Article 160 N°7 of the Labor Code.
• Key allegations by the plaintiff included the employer's failure to provide the agreed-upon work since October 30, 2022, and requiring him to perform duties outside his contractual scope as a security supervisor.
• The plaintiff also alleged non-payment of remuneration for 21 days due to shift changes between February 2021 and October 2022, and discriminatory treatment regarding personal lockers and safety e...