La forma de los despidos por crisisdesde la Ley de Jurados Mixtos de 1931 hasta la Ley del Estatuto de los Trabajadores de 1980

Abstract

The thesis has involved analyzing the historical evolution of the form of redundancies due to the crisis, from the Mixed Juries Act in 1931 to the Workers' Statute Act of 1980, making particular reference, consequently, to the procedure to be complied in these cases. Therefore, it has been made an analysis, intended to be exhaustive, of the ex lege procedural steps required for contract terminations founded in the aforesaid legal proceedings, as well as the effects of breaching them. In this regard, in the historical period that is subject of the thesis, the different applicable regulations on the subject have been analysed, study accompanied by the existing legal and scientific doctrine in different periods so as to complement and, in some cases, clarify the requirements contained in the legal standard. In the aforementioned analysis of regulations, the different historical periods have been divided, so that in each Chapter the applicable standard at its time could be studied, paying particular attention to the formal procedures required for contract terminations due to crisis, from the procedural initiation of the procedure in order to obtain the corresponding administrative authorisation to the final resolutory performance of the public body. In the same way, in each period, the effects of the breach of the procedural processings are analysed. The study has started with the regulations during the Second Republic since, at that period and for the first time, the business crisis is regulated as grounds for contract termination. The study concludes with the Workers� Statute Act of 1980 as it is the first postconstitutional regulation on the matter. Regardless of this, the various regulations on the matter, occurred between the Second Republic and the Workers' Statute Act, are also studied, what means that in the thesis both the existing legislation at Franco's period and that during the political Transition are taken into account. Thus, a chapter is devoted to each historical period, except for Franco's which, due to its length and its two successive and different regulations on the subject, has been divided into two chapters. Consequently, Chapter I, dealing with the Second Republic, begins with the Mixed Juries Act as it is the first rule, in our positive rights, which regulates the crisis as the reason for the termination of employment contract. Chapters II and III are related to Franco's period, starting Chapter II with the Employment Contract Act of 1944 and Chapter III with the Employment Policy Decree of 1972. Chapter IV refers to the period of political Transition, beginning with the study of the Employment Relationships Act of 1976, although it should be noted that this respected, essentially, many guidelines of the Employment Policy Decree of 1972, despite being a regulation emerged in a very different period of our history. Finally, the study ends in Chapter V, with the Workers' Statute Act of 1980, since, as it has already been said, this is the first regulatory postconstitutional standard on the matter, which is the subject of the thesis, and which introduced significant changes thereto.