THE ROLE OF THE ECONOMIC JUSTIFICATION IN THE COLLECTIVE DISMISSAL PROCEDURE
THE ROLE OF THE ECONOMIC JUSTIFICATION IN THE COLLECTIVE DISMISSAL PROCEDURE

Summary/Abstract: Given that any collective dismissal process must begin from a decision of the competent corporate body, the paper analyzes the reasons leading to the issuance of such a decision of reorganization, which is the justification for technical and economic viability of that decision and what It must include to be thorough and legal in the context of a possible legal claim before the courts. We studied the role of the efficient and complex analysis of the company in terms of organizational and / or economic reasons but also the impact that the change in the company's structure will have by reducing the positions for which the activity will be considered redundant through the same analysis. Research aimed the position and the implications such an economic analysis will have on the entire collective dismissal procedures, procedures that are very precisely controlled by state institutions empowered by the phases imposed by law but also in agreement with the employer`s social partner. In a state that encourages commercial freedom and the exclusive organizational privilege of the employer, may the court censor the effects of this procedure analyzing itself the opportunity of reducing positions targeted by the reorganization caused by economic reasons, or may issue considerations strictly in terms of reality and the seriousness of the causes that led to the adoption of such a decision of the employer?

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