El concepto de empleador en los últimos 40 años del derecho del trabajo español
This study addresses the main keys that identify the employer in the Workers Statute (art. 1.2 ET). We are going to analyze the most important changes in the last 40 years. In brief, the most relevant milestones have been selected in the evolution of the concept of employer, as the subject of the em...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7971435 |
| Source: | Estudios Latinoamericanos de Relaciones Laborales y Protección Social, ISSN 2445-0472, Nº. 11, 2021, pags. 19-32 |
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| Summary: |
This study addresses the main keys that identify the employer in the Workers Statute (art. 1.2 ET). We are going to analyze the most important changes in the last 40 years. In brief, the most relevant milestones have been selected in the evolution of the concept of employer, as the subject of the employment contract. Special attention is paid to the exercise of business powers. First, the transformation produced in the employer by the new business organization strategies. Second, the change produced by the 2012 labor reform on business powers. This reform reinforce the position of supremacy of employer in labor relations. Finally, the new challenges of the digital enviroment, especially the changes in working relationshisp by digital platforms. From the study, the conclusion is that the employer constitutes a subject with a plural and highly varied physiognomy. Its identification should continue under the same parameters of the legal definition. Only, a normative revision is demanded that integrates as a possible alterantive, the plural employer or co-employer, as part of the labor contract. |
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