Abstract
| Páginas | 257-259 |
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THE REFORM OF THE DISMISSAL. Antonio Baylos Grau
Abstract: One of the central elements of the 2012 labour reform was the legal
regime of dismissal, where very relevant changes were made in order to make
it easier and cheaper, as well as radically transforming the system of collective
dismissals. Strongly contested, the political change that took place in Spain from
June 2018 was accompanied by an action programme that incorporated as a
distinctive element the reversibility of the labour reform imposed as a result of
austerity policies in the face of the crisis. However, this programme was altered
by the irruption of the new health and economic crisis caused by the Covid 19
pandemic, so that except for the repeal of dismissal for absenteeism, legislative
action focused on trying to avoid economic dismissals and their replacement by
a temporary and transitory adjustment mechanism, the so-called ERTEs. The
exit from this long period of exception has coincided with the drafting of a recov-
ery and resilience plan for the European Commission in which, however, the
issue of dismissal is not directly addressed, as it focuses mainly on the reform of
temporary contracts. However, there are many aspects of the current legal sys-
tem on dismissal that should be modified, both in the area of the qualification
of dismissal and in the criteria for calculating compensation in unfair dismissals
and, finally, in the regulation of collective economic dismissals and the role that
the labour authority should play in them.
Keywords: Dismissal, labour reforms, ERTE, economical crisis, Covid 19.
ILLEGAL TRANSFER OF WORKERS AND SUBCONTRACTING IN THE DIGITAL PLAT-
FORM COMPANIES. Amparo Esteve-Segarra y Adrián Todolí Signes
Abstract: This paper will explain why outsourcing can entail obvious damages
for workers and parallel advantages for platform companies. Based on the expo-
sition of examples taken from various infringement actions opened by the Labor
and Social Security Inspectorate, the possible classification of illegal transfer
practices will be addressed. The indications of illegal transfer will be analyzed
based on the increasingly restrictive jurisprudential construction of this insti-
tution. Fourthly, we will extract what evidence may be the most important to
determine the existence of illegal assignment in the case of work with platform
companies. Finally, a finalist interpretation of the institution of the illegal trans-
fer will be proposed that allows it to fulfill its functions: that is, to avoid that
subcontracting is used as a way of some workers to the “laws of the market”.
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