Portal de Murcia
www.portaldemurcia.com
A doctoral thesis at the University of Murcia, which has analyzed the way he has been treated by the new collective dismissal bankruptcy law, has concluded that some changes for this favor workers involved in a bankruptcy proceeding.
The author, José María Ríos Mestre, refutes his thesis, which has obtained excellent cum laude, criticisms have been made to the Insolvency Act 2003, the Organic Law on Bankruptcy Reform of the same year and changes in 2009 by the fact that, under these laws, the commercial court assumed powers previously vested in the Administration.
To Ríos Mestre, this change favors workers skills, now is a commercial court intervention to arrange their dismissals in the event of bankruptcy of the company.
Before the new law, workers could be fired without permission of the Labour Administration when the trustees agreed to the closure of the business or the cessation of its activity.
As the procedure in the Bankruptcy Act, received the request for termination collective employment contracts in which the employer is insolvent, the judge summoned the representatives of workers and the receivers to a consultation period.
Thus, the new law meets the requirements imposed on collective redundancies EU directives since 1975, that negotiations and the agreement could be reached there are a privileged way to address the conflict.
The doctoral thesis has been conducted by Professor of Law at the University of Murcia Bartolomé Ríos and Jesús María Galiana.
Source: Universidad de Murcia
Privacy policy
- Legal notice
- Cookies