Orígenes de la Magistratura del Trabajo en Españaespecial referencia a su implantación en Murcia (1939-1940)

Zusammenfassung

The �MAGISTRATURA DE TRABAJO� (Labour Court) is the name by which the Franco�s regime denominated the new labour jurisdiction, announced in the �FUERO DEL TRABAJO� (Labour Charter) and created by Decree from the 13th of May 1938, at the height of the Spanish civil war. Its birth was even, within the dismantling operation of the legal order of the Second Spanish Republic, with the suppression of the Industrial Tribunals and the Labour Mixed Juries. These bodies preceded the labour jurisdiction set up according to a peer model, with the intervention of representatives from the workers� and employers� unions, whose origins dated from 1908. Thirty years later a changeover from a peer system to a judicial system happened, but split from the ordinary jurisdiction, configuring the new MAGISTRATURA DE TRABAJO as a special jurisdiction, with its own jurisdictional competence and procedure, integrated by members of the judiciary and state prosecution services, but subject to a second selection filter, with a close dependence to the Government through the Organization and Syndicate Action Ministry, afterwards named Labour Ministry. The MAGISTRATURA DE TRABAJO was during the post-war period one of the devices/ instruments of Franco�s regime to control the labour world, together with the Labour Provincial Offices and the National Trade Unions. The Judicial Pronouncements from the first years were clearly unfavourable to the scarce labour lawsuits filed, more than half of which were dismissal complaints. In the province of Murcia, which stayed in the republican area until the last days of war, the MAGISTRATURA DE TRABAJO was set up in July 1939, presenting a tendency, even more striking during the first years, to favour the business owners. Keywords: Social Jurisdiction, Labour Court, Franco�s regime, Spanish postwar, Repression.