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A worker received severance pay and shortly thereafter signed a fixed-term contract with the same company. The DGT indicates that the exemption from severance pay requires a real and effective termination of the employment relationship.
Cuestión planteada
La exención de la indemnización por despido se pierde si el trabajador vuelve a prestar servicios a la misma empresa o a una vinculada dentro de los tres años siguientes al cese. Esta situación genera la presunción de que no hubo una desvinculación real, aunque el contribuyente puede intentar probar lo contrario mediante medios admitidos en derecho. La naturaleza del nuevo contrato o de los servicios prestados es indiferente para que se aplique esta presunción.
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