Abstract

LALAGUNA HOLZWARTH, Enrique. Critical aspects on dismissal recent reforms in Spanish law and the possible convenience of a capitalization fund. Rev. Bol. Der. [online]. 2018, n.25, pp.502-523. ISSN 2070-8157.

ABSTRACT: The paper analyses firstly the various implications of the underselling and facilitation of dismissals in the Spanish Law and its consequences due to labor reforms and financial crisis. In this regard, there follows, firstly, various matters affecting collective redundancies such as the judicial review on the employer dismissal decision, the labor conflicts due to formal obligations from the Council Directive 98/59/EC and the necessary reorganization of this kind of dismissals for their adjustment to the Court of Justice of the European Union rulings related with the calculation of these dismissals. Secondly, the paper analyses issues regarding disciplinary dismissals such as the improper use of this type of dismissals to conceal redundancy for economic reasons or others as limitation of the procedural salaries. Finally, the potential suitability of legislative proposal based on a labor capitalization fund as alternative to current severance pay system is analyzed.

Keywords : Dismissal; collective redundancies; information and consultation; Court of Justice of the European Union; workplace; disciplinary dismissal; procedural salary; severance pay; labor capitalization fund.

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