Law 27/2014 of 8 May. A few notes on the 6.th amendment to the Labour Code regarding economic dismissals
Abstract
Law 27/2014, of May 8, amended Article 368 of the Labour Code on economic individual dismissal, following the declaration of unconstitutionality of this provision after being modified by Law 23/2012, of June 25. In this regard, Law 27/2014 reintroduced hierarchical preference criteria to be observed by the employer to determine the job to be eliminated, when existing in the equivalent section or structure a plurality of identical jobs. To measure the impossibility of maintaining the employment relationship, law 27/2014 restored the principle that the employment relationship is practically impossible when the employer does not have another job compatible with the professional category of the worker. From a technical and legal point of view it can be said that this law presents some contradictions and ambiguities that can cause difficulties, enough reasons for this analysis.
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