Latest case law of the Supreme Court on collective dismissals. A critical exposition

Abstract

The case law of the Social Division of the Supreme Court, decisive in many aspects of the reality of labor law, is even more relevant in the area of collective dismissal. The exposition and brief analysis of the latest doctrine in this regard shows us a collective dismissal regulation with serious shortcomings and an urgent need for change.

Thresholds, causes, connection with other labor law institutions such as succession or group of companies, selection criteria are some of the important matters that the Social Chamber has had to analyze during the last semester of 2021. Although there are no major changes in the doctrine that has been presented in this regard, the consolidation of some criteria and the qualification of others in light of the new circumstances of a segment of the legal system under continuous tension determine the need for an orderly exposition and analysis of the Supreme Court's doctrine on collective dismissal.