The labour legal institution of collective dismissal

Abstract

The purpose of this study is to discern whether the role currently held by the labour authority as a residual body that oversees the legality of the file of the collective dismissal procedure, after the disappearance of the administrative authorization, has contributed to reduce or enhance the control judicial, in terms of the verification of the causes, and their concretion, and therefore, the legal certainty and the speed of the procedure to follow, since the majority of the judicial resolutions dictated in this matter, have focused on the negotiation in the consultation period, avoiding in a certain way, the accreditation of the causes alleged by the employer in the termination decision, especially when there has been an agreement in the consultation period.

In this sense, one might wonder if certain deviations that have occurred after the disappearance of the administrative authorization have to be corrected, since the role that must be fulfilled in the consultation period, in my opinion, has been distorted, by granting it, a relevant role in the classification of collective dismissals, underestimating the concurrence of the cause and its consequences, and therefore, the exaltation of compliance with formal requirements, as the central axis of judicial control of collective dismissals, being the role of the labour authority in the collective dismissal procedure, merely instrumental.