The productive decentralization across the subcontracting in the public sector and subsuppliant vicissitudes
| Páginas | 259-260 |
259
Abstract: The productive decentralization across the subcontracting is a legiti-
mate and habitual practice in the area of the public sector. The change of own-
ership in the contracts or concessions (succession of contracts) has propitiated
the emergence of an intense debate concerning the matter, where increasingly
there questions the juridical protective statute of the labor laws and of National
Health Service in game. The article 44 of the Statute of the Workers lacks a spe-
cific disposition that contemplates expressly this supposition of fact, which is
giving place to arduous applicative problems. The constant interpretive tension
moves itself concerning the concept of company or “ economic entity “ in wide
sense, which has led that the Court of Justice of the European Union declares
itself in the matter and forms the suppositions of transmission of company
(included in case of contracts and concessions) of a wide form attending to the
purpose garantista of the norm, by what transmission of companies is included
already in his area “desmaterializadas” across the “ad hoc” doctrine of the suc-
cession of insoles. Interpretive option this one that has been accepted –not with-
out certain resistance and nuances– by the Supreme Court.
Keywords: Contracts and administrative concessions, conventional subroga-
tion, legal guarantees, reinternalización of services and economic entity.
THE NICTs AND THE DISCIPLINARY DISMISSAL OF THE WORKER
Abstract: This study focuses on the analysis of judicial doctrine that is solving
some of the issues that have arisen in recent years due to the use of new tech-
nologies in the framework of labor relations and, in particular, in relation to the
disciplinary dismissal of the worker. With this purpose, an analysis is made of
the limits that the use of new technologies presents at the labor level and the
conflict that this may cause when it comes to making the exercise of the funda-
mental rights of workers compatible with the legitimate interests of employer.
Keywords: new technologies, disciplinary dismissal, fundamental rights,
employer control.
THE CRIMINAL LABOUR LAW. PROMOTIONAL LAW OR NON-DISCRIMINATION
LAW? CONCERNING THE CONCEPT OF GROUP VULNERABILITY
Abstract: Criminal labour legislation, even with the contradictions inherent in
the repressive instrument, is an interesting testing scope for the validation of
THE PRODUCTIVE DECENTRALIZATION ACROSS THE
SUBCONTRACTING IN THE PUBLIC SECTOR AND SUBSUPPLIANT
VICISSITUDES
ABSTRACTS
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