Biblioteca
TY - JOUR AU - Aránzazu Roldán Martínez T1 - Una propuesta de reformulación del régimen de extinción del contrato en la relación laboral especial del servicio del hogar familiar tras el Real Decreto-Ley 16/2022 TI - A proposal to reformulate the regimen of termination of the contract in the special employment relationship of the family home service after Royal Decree-Law 16/2022 LA - spa PY - 2024/// SP - 81 EP - 110 T2 - Revista de Trabajo y Seguridad Social. CEF SN - 2792-8314 VL - 478 PB - Centro de Estudios Financieros - CEF PP - Madrid AB - The Royal Decree-Law 16/2022, of September 6, for the improvement of working conditions and Social Security of domestic workers, undertook an in-depth reform of Royal Decree 1620/2011, regarding extinction of the contract. Given the "earthquake" caused by the Ruling of the Court of Justice of the European Union of February 24, 2022, case C-389/20, and trying to avoid the referring of future preliminary ruling, the Government put an end to the discriminatory treatment that the existence of withdrawal and foresight implied of lower compensation in the event of unfair disciplinary dismissal. Although these were the "star issues" of the reform, there were important legal controversies, regarding the effects of the dismissal and the compatibility of the causes of termination of article 49 of the Workers' Statute, that had divided the courts and that should also have received a response in the new rule. On the other hand, the disappearance of withdrawal and the creation of new objective causes of termination of the contract in article 11.2 force us to reflect on the need to reformulate the regime for the termination of the family home service contract so that it is coherent and proportioned. DO - 10.51302/RTSS.2024.19413 UR - https://portalcientifico.uah.es/documentos/660c4a50689c457d73c382c2 DP - Dialnet - Portal de la Investigación ER -
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