La sucesión de empresa y el expediente de regulación de empleo concursal“análisis jurisprudencial de la normativa laboral y concursal”

Abstract

This thesis is an analysis of the legal-labour problems derived from the sale of companies in a situation of insolvency. The study is carried out through the existing legal provisions, from the original text of the Bankruptcy Law 22/2003, of 9 July, the relevant modifications of the years 2014, 2015 and 2020. Based also on the European legislative framework, namely the European Directive 2001/23/EC of the Council Directive, of 12 March 2001. All these rules are analysed from the perspective of both national and European judicial doctrine on the subject. The central premise is that the Spanish legislator has opted for the application of guarantees of transfer of undertaking in cases of business insolvency. On that basis, the competent jurisdictional order for resolving these types of issues is examined. The specialities of the applicable legal regime are then studied, paying particular attention to the possible ways of defending employees against redundancy mechanisms.