El despido como herramienta de reestructuración de las empresas y de las administraciones públicas

Abstract

1. OBJECTIVES The thesis project which is presented is intended to conduct a thorough legal analysis of the modes of termination of the employment relationship with greater importance in recent years: dismissals for economic, technical, organizational and production causes, among which are devote special attention to the economic dismissal. Specifically, we focused the analysis for each mode above mentioned, the cause of dismissal or termination, its legal effects, the challenge procedure and the consequences of the legal assessment made by the competent court. In the first part of the thesis, we have analyzed the existing legal regime discontinuance before the labor reform of 2012, in the second part, the actual regulation after this reform. In our view, it will only be possible to make a deep analysis and critical assessment of the matter on which our research focuses, if known in detail the history of the legal institution analyzed. Our object of study is not limited to the analysis of the legal regime of extinctions that occur in the private sector but has been extended to dismissals for economic or productive reasons, organizational techniques that affect the workforce of the Public Administrations, and examining the reply given by the judges and courts of the social order to the challenges of the affected workers. 2. METHODOLOGY The preparation of this research has been mostly theoretical methodology followed, both regarding to the study of public and private sectors. In both cases the development of a literature review, which has established a theoretical reflection and structure ideas on the subject of study and review and reconsider the working hypotheses and objectives. Given the strong interaction of the elements and processes to study, this presents a theoretical framework, essential to jointly explain changes in recent years in our legal system integrating vision. 3. CONCLUSIONS As we have seen throughout this study, labor reform introduced in 2012, through RDL 3/2012 of February 10 and the Law 3/2012 of July 6, they have marked the start of a process review and change in the legal status of such dismissals; thereby causing the flexible regulation of this form of layoffs in the Spanish system, through an agile and efficient mechanism that allows entrepreneurs to restructure its staff in difficult situations of economic crisis, in turn causing greater freedom of enterprise management, both private and public, because after the labor reform introduced in 2012, provides for the possibility of layoff Employment in the public sector, in this case, many authors consider highly debatable that you can handle collective and objective dismissals by public administrations, and in any case, should apply the additional guarantees provided the Basic Statute for Civil Servants, as is the processing of a Human Resource Management Plan, affecting not only the workforce but also the official and organizational and not at extinguishing measures contemplated. However there are many doctrinal and judicial approaches that support, without more, the implementation of the causes of collective dismissal or objective to general public administrations. In short, who hoped to have seen everything in the labor process, they didn´t imagine what the legislator had prepared after the publication of RDL 3/2012 in an area of such social and judicial sensitivity as dismissal.