The challenging of the collective dismissal after the labor reform (the Labour Law in his labyrinth)

Abstract

Between the great number of modifications incorporated by the labor reform (RDL 3/2012, confirmed, with some shades, for the Law 3/2012), there is a special place for the objective/collective dismissal. The law is trying to re-define its reasons of the as precise as possible form, stands out with own light the suppression of the need to follow an administrative process of regulation of employment, being able the employer take the decision about the collective dismissal. Such a change, mostly necessary, was doing indispensably, in turn, to re-design the ways to attack judicially above mentioned collective dismissal. One month after the social order had won (after years waiting) the faculty to know about the challenging of the administrative decisions in the matter, the same one disappears in favor of a new procedural modality of collective dismissal (art. 124 LRJS).

Similar legal panorama turns out to be confused. We have to differenciate two submodalities, collective one and individual other one, arising a complex game of relations between both. The present work tries to use as Ariadna's thread that allows a sure way for the legal tangle, trying to contribute a coherent interpretation for a regulation needed from it.