Legitimation in the Process to Challenge The Collective Dismissal of Art. 124 LRJS

Abstract

The regulation of active and passive legitimation in art. 124 LRJS is a very difficult matter, especially because that precept does not only regulate the ordinary action to fight the collective dismissal and the action to get the convalidation of the dismissal required by the company, but also the process to challenge the extinctions derived from the collective dismissal, without forgetting the possibility that the Labor Authority has to challenge the agreement reached during the consultation period. This paper analyzes the various subjects who have legitimation to act in the different procedural channels that can be substantiated to combat a collective dismissal, with special attention to the jurisprudential doctrine relapsed on the matter