The “legally programmed obsolescence” of unfair dismissal in Spain. Why and how to correct it under of the Revised European Social Charter

Abstract

This study addresses two relevant legal questions. On the one hand, it explains the reasons why it understands that the regulation of unfair dismissal in Spain is not only in disagreement with the Revised European Social Charter but is also ineffective and inequitable (it generates regressive compensation gaps), unable to adequately comply with its constitutional function. On the other hand, it exposes the various existing options for due legislative reform, which the new Government has already committed to in the pact between PSOE and Sumar, deciding on the one it considers most appropriate and reasonable.