The guarantee of permanence priority of workers’ representatives in collective dismissals

Abstract

This contribution analyses the guarantee of permanence priority of workers’ representatives as a limit to the employer’s power to select the workers affected by collective dismissals. It studies the connection with representative functions as well as with freedom of business, and it details its functioning applying the logic of substitution. Although the guarantee is not absolute, the inclusion of a guarantee holder among affected workers requires the employer to provide an express justification. Finally, the beneficiaries of the guarantee are listed, as well as the need for the representatives to have the mandate in force at the time of applying it.