El règim jurídic dels acomiadaments col.lectius
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.
Document Full Text
Advisor:Albiol Montesinos, Ignasi
School:Universitat de València
Source Type:Master's Thesis
Keywords:dret del treball i de la seguretat social
Date of Publication:09/29/2006