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 -