El règim jurídic dels acomiadaments col.lectius

by López Caballero, Àngels

ABSTRACT In this Thesis one has been to make a unitary study on the collective dismissals and basically four lines of investigation have been analyzed: In the first place, the reform of 1994 and 1997 on the causality, the purpose and on some aspects more of the procedure, was able to equip to the dismissals by enterprise causes of a flexibility that hit the rigidity that had predominated until then. On the other hand, the 1994 reform supposed an important impulse of the period of consultations and turned the period of consultations a true collective negotiation on the enterprise reconstruction. From the modifications introduced by the reform, the parts will not only have to negotiate and to program a determined number of dismissals and the corresponding indemnifications, but that they will have to make an effort to reduce to the reach and the impact of the reconstruction, to which all whatever is related to the complica reconstruction more by the diversity of measures that can be negotiated and by the relations that it has to even maintain the agreement on the reconstruction respect to the collective agreement and respect to work contracts. However, the new treatment that received the period of consultations from the 1994 reform, has not been able to diversify the contents in the agreements on the reconstruction. However, this tendency could change. More and more, we began to become familiar with a new concept "the socially responsible reconstructions". According to it is come off these expositions, in a reconstruction we not only must consider the economic interests, but also the social ones and is precise to look for the participation and the implication of all the childbirths implied through the information and the open consultation. Therefore, these new expositions can suppose a new impulse of the period of consultations and avoid that the agreements are limited in gathering repairing measures of the dismissals. Simultaneously, these reforms have left without solving another kind of problems that they would perhaps have to do that we will reframe the paper that must have the labor authority in the files of use regulation. In fact the important competential conflicts between the contentious jurisdiction and the social one, advise to act in this sense.