translated from Spanish: They did demand for former percussionist of Américo against his producer

the second Court of letters of the work of Santiago welcomed the lawsuit for wrongful dismissal filed musician Marco Antonio Poblete against Minga Record Produ shares Ltda, owned by the singer company Americo.en the ruling, judge Carolina Luengo hatch welcomed the lawsuit deduced, after establishing the existence of the employment relationship between the parties, so ordered the respondent to learn the benefits owed to the workers.” Analyzed the test yielded in the preceding recital can be by established that at least from January 15, 2011 the actor served to the defendant company, that if well witnesses recognize that since 2006, the actor worked as musician was also credited that did for Meliton Vega, natural person other than the respondent society which is newly established in July 2010, not being able to establish a continuity, since even though he played in the band of America, can not be determined a then”, said the ruling. The resolution added that “determined the existence of services between the parties and therefore respondent paid compensation to the actor who was not fixed, as reflected in the ballots of fees but was linked to the features as if made” during the month, thus matter to determine if there are items that the classical doctrine as subordination and dependence with the peculiarity of the case, and how difficult this is, it is not common atypical relationship, notwithstanding that there is many workers who perform the work of musician”. After that, he said that you despite that had elements that were not fixed in the labour vincul, “effectively has been a subordination and dependence” between the former percussionist of the artist and his production company. The Court declared the dismissal as “unjustified and void”, forcing the company to pay $822.316 severance compensation for lack of prior notice, $5.756.212 for years of service, compensation is owed and social security contributions.

Original source in Spanish