Objective dismissals for reasons other than those alleged through transactional agreements between employer and worker (ts 25/11/2013). Dismissals without cause (what had been called the "express dismissal") or the termination of temporary contracts when they have been qualified by final judgment as constituting unfair dismissal or recognized as such in the act of administrative conciliation. Non-computable extinctions if the extinctions are not computable, nor assimilable, they cannot be taken into account for the calculation in those ninety days.
In this sense, there are a variety of cases where the courts have declared themselves to include extinctions that have qualified them as non-computable: resignation whatsapp number list or abandonment of the worker (tsj galicia 06/16/2012) voluntary retirement of the worker (tsj madrid 06/8/2013) indemnified termination of the contract in case of modification of the substantial working conditions (tsj madrid 03/12/2010) disciplinary dismissals that have not been challenged or have been declared inadmissible or the death or permanent disability of the worker (tsj catalonia 02/14/2012)
regarding this period of 90 days we have to point out several precisions, it is a period of calendar days , that is, saturdays and sundays are counted. It must be computed backwards in time, with the initial day being the day on which the dismissal or objective dismissals are notified, the regularity of which may be questioned by the workers or their legal representatives. The 90-day period: anti-drip fraud measures at this point we could find that an employer who decides to avoid those 90 days by spacing those layoffs so that they are excluded outside that 90-day