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Contracts of the public sector: succession of contractors and the reversion to the public management

Abstract: In this work we inspect some rules with a great impact on the work area of the Public Sector Contracts Law (Law 9 / 2017).

We analyze specially the changes this rule can involve in two senses: the succession of private contractors for the Public Administration, and the reversion to the Public Administration of a service which had been managed by a private company.

We deal with the assumptions in which both cases can be understood there has been a business succession and the effects in both cases come from this situation, especially for the subrogation in the contracts of the personnel concerned.

To deal with the problem and solve it, we analyze the different cases (succession by virtue of the art. 44ET, of conventional terms, etc ) and we take into account the labour law, public employment one, that budget law, the regulations of the EU and a wide jurisprudential and judicial doctrine analysis.

We pay special attention to the difficult problem of the possible subrogation in the work contracts by the Public Administrations and the future situation of the personnel concerned.

We also analyze the rules of the Law 9 / 2017 about the different aspects of the question: information, responsibility on wages, fines, etc.

This way we note the importance these rules and others laid down in the current law on contracts of the public sector can have in the work area and their evolution, undoubtedly, should be considered in the future.

Keywords: Transfer of businesses, contractual subrogation, public employment, Reversion of public services, succession of contractors, subcontract, contracts of the public sector.

Zero hours contracts: towards the absolute flexibility of work in the digital age

Abstract: The objective of the article is to analyze the zero hours contracts in the United Kingdom. They are contracts where the employer does not guarantee a minimum of work and the one that offers his work force can reject it. They have been extended to all types of professions not originally...

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