El despido disciplinario por indisciplina o desobediencia en el trabajo: artículo 54.2.b) del Estatuto de los Trabajadores

The analysis of the section b) from article 54.2 of Workers Decree, makes us know the meaning of concepts disobedience and indiscipline. Although it is not widely mentioned, it is only considered as a contract unfulfillment, the unjustified disobedience or indiscipline, because of it, it is essential the analysis of the possible worker's justification against corporate orders. About the main reasons of discipline act, this one can be sequenced into seriousness and guilt degrees, we must focus on the study of legality of those orders evoked by the hierarchical superior, on the assumption “solve et repete” and on the legal position of “ius resistentiae”. Finally, even though if it is dealt such a serious disobedience or indiscipline, the layoff may be qualified as illegal if the worker didn't act in a guilty way: about it, we will have to make reference to the seriousness and guilt valuation.