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

Keywords: Unfair dismissal, assessed compensation, Revised European Social Charter, European Committee of Social Rights, right to adequate compensation

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.

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PDF (Español (España)) : 203
Published
2023-12-04
How to Cite
Molina Navarrete, C. (2023). The “legally programmed obsolescence” of unfair dismissal in Spain. Why and how to correct it under of the Revised European Social Charter. LABOS Revista De Derecho Del Trabajo Y Protección Social, 4(3), 182-211. https://doi.org/10.20318/labos.2023.8257
Section
Debates