An approach to collective dismissal as a business restructuring measure after the latest labor reforms

Abstract

One of the essential goals of the labor reforms that have been adopted in recent years has been to expand the scope of business restructuring measures aimed at facilitating a business, in a situation of crisis, can adapt their working conditions workers. Measures the other hand, present a diverse range allowing both the change of working conditions (functions, salary, hours…) and the temporary suspensions of contracts or dismissal of workers. The aim of this paper is to analyze, in some detail, on of the ways known corporate restructuring in business practice, which has been facilitated in recent years and that this has serious consequences for affected workers: collective dismissal. So we analyze the major changes in this area, especially in the 2012 labor reform, both substantive and procedural perspective and judicial criteria are interpreting (and reinterpreting) the existing legal framework.