The inefficiency of the legal regulation of dismissal and its necessary reconsideration in the light of international regulations

Abstract

This paper examines Spanish dismissal regulation with the aim of guaranteeing its effectiveness and its respect for international regulation ratified by Spain. The reality shows the increase in, for different reasons, termination of contract without cause and the use of temporary contracts as a way of flexibility. On the
other hand, Spanish regulation about compensation in case of termination of employment shall no respect the revised version of the European Social Charter, recently ratified by our country. On the basis of the above arguments, a reconsideration of the dismissal regulation is proposed in order to detect arbitrary actions and provide greater certainty.