Revista Derecho Social y Empresa

Tribune

Gabriela Rizzo Lorenzo — Mon, 17 Feb 2025 00:00:00 +0100

The Special Employment Relationship of the Family Home Service

Rocío Molina González-Pumariega — Mon, 17 Feb 2025 00:00:00 +0100

En poco más de una década, el régimen jurídico de la relación laboral especial del servicio del hogar familiar se ha transformado de manera radical. En él se han ido introduciendo una serie de cambios y revisiones orientados en su mayoría hacia una equiparación cada vez mayor con el régimen común, teniendo como trasfondo la mejora de las condiciones laborales de las personas empleadas en el hogar familiar, la dignificación de su trabajo y el logro de la no discriminación de este colectivo y del derecho a la igualdad de trato. En estas páginas hacemos una aproximación al régimen jurídico vigente deteniéndonos incluso, aunque de forma breve dada su reciente aprobación, en su última reforma provocada por el reciente RD 893/2024 sobre protección de la seguridad y salud.

The Conciliation Rights of Professional Athletes

Julia Dormido Abril — Mon, 17 Feb 2025 00:00:00 +0100

Th e recent Organic Law on equal representation and balanced presence of women and men has modified the regulations governing the special employment relationship of professional athletes on the occasion of the incorporation into the latter of a series of rights relating to the reconciliation of work and family life. Th is reform, more than necessary, serves to legally impose both federations, clubs and those persons who are professionally dedicated to sports activity to guarantee such rights, since the mere reference to labor regulations on a supplementary basis was insufficient. Hence, the exercise of conciliation rights has so far been a chimera.

The Special Employment Relationship of Lawyers in Law Firms

Emilia Conde Marín — Mon, 17 Feb 2025 00:00:00 +0100

The legal regime of special relationship of lawyers rendering services in law firms, both individual and collective, is revised; the first step is to elucidate the reasons for its existence and to delimit the subjective scope of the regulatory and then to proceed to the next step, the analysis of the special working conditions of the lawyer in this area.

The Legal Framework of Artists in Public Shows

Verónica Lozano Espinosa — Mon, 17 Feb 2025 00:00:00 +0100

This investigation is about the Laboral activity of the artists in public shows. It approaches a relevant topic for the workers of this field, which almost hasn't been tackled neither in the Laboral area nor in the legal one and includes a very updated information. Through an analysis of the regulation of its special regime, the working conditions of these artists will be known, and it will be verified if the reforms and extensions of the legislation have been efficient. Apart from that, the legal loopholes and unfavourable aspects of this regulation are assessed, as well as some improvement measures are proposed.

A Controversial Special Employment Relationship

José Javier Cabello Burgos — Mon, 17 Feb 2025 00:00:00 +0100

The creation of public entities linked to Administration implied the need to provide them with employees with management positions, with powers of representation, decision-making and execution in all areas of their ordinary activity, answerable only to their statutory corporate charges. The legal regulation of such a figure was established in general terms in the Basic Statute of the Public Employee, which established that the relationship corresponding to the public manager was the RD 1382/1985. However, the comparison of public managers with the aforementioned regulation is extraordinarily complex, which has led to continuous jurisprudential criteria changes, which seem opposite and contradictory to the with subsequent legislative developments, both at state and autonomous level.

Ergonomics and Applied Psychosociology. An Approach with a Gender Perspective

Daniel Toscani Giménez, Nélida María Busto Serrano — Mon, 17 Feb 2025 00:00:00 +0100

It must be taken into account that the incidence of work-related accidents and occupational diseases varies between men and women. Men suffer proportionally a greater number of work-related accidents and women a greater number of occupational diseases, although the latter tend to be less serious in the case of the female population. Th is may be due to the majority male presence in sectors with higher accident rates and, equally, to the social phenomenon that leads female workers to identify and report less damage derived from work. Despite everything, it should not be ignored that women have a greater probability of suffering health damage from work. Psychosocial risk factors are those related to working conditions with respect to its organization, its content, the execution of tasks and interpersonal relationships in the work context. Gender, as a social construct, especially affects the behavior and social interrelation of workers in the workplace and must be considered in the management of psychosocial risk factors.

The Importance of Determining Who Constitutes High-Level Management

Francisco Javier Arrieta Idiakez — Mon, 17 Feb 2025 00:00:00 +0100

The aim of this study is to analyze, in light of jurisprudence, two real-world cases that demonstrate the importance of determining who constitutes high-level management personnel, due to the implications this may have for situations foreseen in the regulations governing special employment relationships. In the first case, the issue will be examined from the perspective of the relevance that the notice period regulated for special high-level management employment relationships can acquire in determining whether there has been a resignation by the employee or an unfair dismissal by the employer. In the second case, reference will be made to the figure of the professional public manager to observe how certain public employees may be excluded from the electoral roll in elections for unitary representative bodies, in accordance with the provisions governing special employment relationship for high-level management, which has managed to have a centrifugal or expansive force due to its application beyond its strict scope, even though such employees, in principle, and expressly, did not have the status of professional public managers. In other words, it is assumed that the professional regime that applies to such managers is irrelevant, since, even if they are designated as high-level management personnel or with an administrative status, in any case, they will be excluded.