Despido por causas económicas: el abuso del derecho por parte de las empresas

Abstract

This end-of-degree project focuses on the study of the effects caused by the Labor Reform of 2012 article ET 52.c, which is related to article 51.1 ET, on objective dismissal for economic reasons. The corresponding Reform was a trigger for precarious working conditions and, likewise, an increased flexibility for employers in order to carry a series of group redundancies, seemingly without hindrances. The objective of this analysis is to determine whether this reform has contributed to an abuse of right of the corresponding articles by the employers. To that end, a body of case study has been developed around the legal case under examination. This analysis has finally concluded that enterprises have found themselves in a legal situation that permitted flexibility of working conditions and allowed dismissals for economic reasons without a real factual basis that could prove the validity of such activities. Those actions were led by corporate interests in order to improve their competitive position in the market without really having a negative economic situation within the compan