Abstract

GORELLI HERNANDEZ, Juan. The reduction of unjustified dismissal costs in spain’s labor reform of 2010. Rev. latinoam. derecho soc [online]. 2012, n.14, pp.79-111. ISSN 2448-7899.

One of the key elements in Spain’s labor reform of 2010 (introduced, by Act 35/2010 of September 17th, urgent measures to reform the labor market) is, again, lowering and unjustified dismissal. This paper criticizes the previous approach and discusses the main changes that the reform brings. First of all, the new configuration of the causes of collective dismissal objective plural dismissal. Second, the alterations to the regulation of objective dismissal, both in its causes, and the qualification of dismissal in relation to formal requirements. Third, the modifications in the encouragement contracts for permanent contracting, a figure which represents a reduction of the cost of dismissal. Finally, the State’s action will mean that “subsidize” the entrepreneurs of the cost of dismissal, even in cases of illegal dismissals, temporary measure, because in the future provides a pooling system the cost of dismissal.

Keywords : unjustified dismissal; improper dismissal; flexibility.

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