Analysis about null dismissal ex Art. 55.5 ET

Abstract

In this work it is carried out an analysis of the legal configuration of the institution included in art. 55.5 ET in relation to the automatic declaration of nullity of dismissals that have as a motive of the assumptions related in its letters a), b) or c), that is, related to the conciliation of family and work life, both from the point of view of its conceptualization as objective nullity -without the need for express communication to the employer-, as from the point of view of its temporary extension of protection. To do this, firstly, it is analyzed the regulation, both at international, community and national levels. Next, it is examined its scope of protection, focusing on the analysis of both judicial, jurisprudential and constitutional doctrine. Finally, it is carried out a study of the temporal scope of protection, taking into account the judicial pronouncements.