Los factores objetivos del despido colectivo en la normativa europea y española

Abstract

The transposition of Directive 98/59/EC into Spanish law, if observed through the Court of Justice of the European Union, reveals notable imbalances in essential aspects of its regulation. The contrast between what has been understood by the Spanish legislator and case law and what has been rectified by the Court of Justice of the European Union, makes it necessary to face the three core elements of collective dismissal: numerical, temporary and causal. Revisiting, using the methodology of Comparative Law, classic concepts and institutions that here take on new meaning, such as the work center, company or group of companies, dies a quo and ad quem in the computation of deadlines, conformation of documentary evidence in administrative proceedings or implications of the principle of good faith in collective bargaining. In line with European jurisprudential doctrine, the process is set to culminate with a proposal for a new wording of some sections of Article 51 of the Workers’ Statute (ET), which either amend its wording or complete it in an appropriate manner, in the interests of an adequate formal synchrony that facilitates, at the same time, the material adjustment to the peculiarities of the Spanish productive environment.