Executive protection of advance payments in the work process: Analysis of problems and proposed solutions

Abstract

The advance payments, in spite of their lengthy trajectory in labour trial, keep on causing serious doubts regarding their interpretation that neither the Case-law nor the Law 36/2011 (enacted on 11th of November) have been able to solve properly. The peculiar characteristic of these advance payments consisting of being an authentic social benefit brings up an atypical assumption of provisional enforcement that due to its emerging «ope legis» doesn't let the court question any aspect concerning their advisability unlike other assumptions of enforcement in the context of labour trial.

Generally the advance payments lack the necessary budgetary coverage to let the Government carry out them for workers. This anomaly frustrates the welfare aim that defines the complete advance payments system.

In addition, the revocation of the sentence stated by the court of first instance turns the enforcement protection of this welfare benefits into a very problematic and risky task having in mind that their main aim consist of trying to reduce the primary inequality that affects the different parts involved in the labor relationship.