Las drogas y el despido

Abstract

The present work, which constitutes the memory to qualify for the degree of doctor presented by Alvaro Javier San Martin Rodríguez, and entitled “The drugs and the dismissal”, has as general objectives to demonstrate, on the one hand, the ineffectiveness of the provision contained in the Article 54.2 f) of the Workers' Statute, as it causes more problems than solutions regarding the phenomenon of drug use in the workplace; on the other, in providing reliable proof of the correctness of public policies in their objective of building a preventive alternative to the current perspective, fundamentally reactive, in the face of this problem.In order to achieve these objectives, the research is divided into four parts: the first analyzes the evolution of the consumption of alcohol, drugs and psychoactive substances in Spain and its incidence in the workplace, as well as the factors that influence consumption ( among which is work) and its own incidence in the company and the person, to reason the necessary business intervention of the problem. The second chapter systematically analyzes the various normative contexts that address this problem from the international, European, national and regional point of view. In the third chapter the author performs a thorough examination of art. 54.2 f) of the Workers' Statute from the point of view of its practical utility, in view of the requirements demanded and the large number of failures in the search for provenance through this route. Finally, in the fourth and final chapter, after analyzing more than a thousand collective agreements, he raises the solution given from collective bargaining, where the declarations of intent go to effective planning...