Termination of the employment contract for objective reasons in case of outsourcing

Abstract

The purpose of this study comprises the analysis ofvirtuality of the recent but widespread phenomenon of decentralization of tasks in the organizational schemes of production-generally known as «outsourcing»– to produce extinctive effects on the employment contracts under the grounds provided for in articles 51.1 and 52 c) ET (Main Spanish Labor Law).

We try to determine the incidence and peculiarities, if any, that phenomenon of outsourcing could be produce on the termination for economic, technical, organizational or production reasons of the employment contracts of affected workers.

We have followed four phases. After defining what issues are included and what are excluded from this analysis, in the second chapter we make an approximation to how our doctrine and courts have approached the subject under study. In third place, we explain our stance and approach of the proposed solution. Finally, the above is accompanied by a detailed case study of relapse jurisprudence on the subject with the order to ascertain the evolution of the decisions of our courts and treat to discerntrends.