ISSN: 2310-2799
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546,196 artículos
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Año:
2023
ISSN:
2660-437X
Vida Fernández, Raquel
Universidad de Málaga. UMA Editorial
Resumen
Remote work, in its several modalities, suffered a dramatic boots as a consequence of Covid-19 pandemic. This article anayzes the changes in the teleworking regulatory framework in the public employment field that has been initiated with new article 47bis of the Basic Statute of Public Employees, The precept conceptualizes this particular form of work and determines its basic characteristics, but it only constitutes the starting point of a complete regulation of remote work that must be approved by each Administration thorough a necessary negotiation process between the parties involved. The author analyses as well the Royal Decree draft that develops the regulation of remote work in the General State Administration.
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Año:
2023
ISSN:
2660-437X
Castillo Ramos-Bossini, Susana Esther
Universidad de Málaga. UMA Editorial
Resumen
After the Treaty establishing the European Community, article 39 recognized the free movement of workers with the prohibition of discrimination based on the nationality of another Member State, except in the case of public administrations. This article analyzes how European jurisprudence has followed a definition of public administration and public employment to overcome this obstacle or limit to the free movement of workers in certain cases.
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Año:
2023
ISSN:
2660-437X
Monereo Pérez, José Luis
Universidad de Málaga. UMA Editorial
Resumen
Hans Kelsen did not avoid the controversy between his conception of the theory of law (which, it should be remembered, was based on the distinction that the science of law was a science that deals with the duty to be as opposed to sociology —including that of law— as a science of social being) and these anti-formalist currents of understanding the legal phenomenon and the science of law, introducing material elements into legal discourse. Kelsen insists on the idea that the legal phenomenon can be contemplated by different spheres or fields of knowledge, but that it is necessary to find a criterion that delimits the specific object of each of them. For him the science of law is a normative science —a science of the ought to be— while in particular the sociology of law is a science of the being of the juridical phenomenon. It is necessary not to confuse the normative and the factual coexisting in the multidimensionality of the legal phenomenon.
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Año:
2023
ISSN:
2660-437X
Ortega Lozano, Pompeyo Gabriel
Universidad de Málaga. UMA Editorial
Resumen
We analyze the succession of staff as a result of labour, the notion of economic entity within that essential part of the staff and the territorial scope of the computation in which subrogation takes place —company, part of it or center of activity— concluding with a recapitulation of the new jurisprudential doctrine applicable to the case and some specific legal reflections.
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Año:
2023
ISSN:
2660-437X
Toscani Giménez, Daniel
Universidad de Málaga. UMA Editorial
Resumen
Due to new technologies, it is increasingly common in the work environment to provide evidence of digital or electronic origin in order to prove certain acts or labour breaches committed by both employees and the companies themselves (digital evidence).However, the question arises about the sufficient legal basis to consider this evidence as valid or effective as a means of proof in a labour trial, and if so, what will be the correct way to judicially provide these electronic documents so that they acquire full evidential value in the judicial process. The Court Rulling of the Canary Islands 11/18/2022 raises the possibility of communicating the termination of the contract to the employee through an email and therefore, in practice, raises the validity of these means as evidence in the social trial.
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Año:
2023
ISSN:
2660-437X
Cabello Roldán, Aída
Universidad de Málaga. UMA Editorial
Resumen
This work deals with a subject of absolute relevance and importance such as technological transformation and its impact on certain groups that, due to their personal or social characteristics have been considered as vulnerable in the field of employment. In this regard, a legal-social study is carried out with a critical perspective, in which the most problematic aspects and the challenges that are intended to be overcomed are alanyzed, proposing solutions to avoid the worsening of the current situation.
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Año:
2023
ISSN:
2660-437X
Espejo Megías, Patricia
Universidad de Málaga. UMA Editorial
Resumen
The aim of this study is to reflect on the determining role of collective bargaining as a guarantor of equal pay for workers, especially Royal Decrees 901 and 902 of October 13, 2020, but not before stopping to consider some highly relevant preliminary considerations. The main objective of this research is to analyze professional classification as a discriminatory pay mechanism. There are other elements in play, such as part-time work or temporary work as an indication of a salary reduction, which will be the subject of study in future works.
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Año:
2023
ISSN:
2660-437X
Ramírez Nárdiz, Alfredo
Universidad de Málaga. UMA Editorial
Resumen
Me permito presentar la obra Antecedentes históricos del constitucionalismo social en España. Origen e influencias ideológicas, dirigida y coordinada por los doctores José Eduardo López Ahumada y José Manuel del Valle, profesores de la Universidad de Alcalá, publicada en la editorial Cinca, de Madrid.
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Año:
2023
ISSN:
2660-437X
Rodríguez Iniesta, Guillermo
Universidad de Málaga. UMA Editorial
Resumen
The management and control of temporary disability in the first 365 days is regulated in RD 1060/2022, of December 27 and in Order ESS/1187/2015, which has recently been subject to important reforms by RD 1060/ 2022, December 27 and by Order ISM/2/2023. The study will start from a brief analysis of the situations prior to the reform and the novelties that this entails.
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Año:
2023
ISSN:
2660-437X
Valle Muñoz, Francisco Andrés
Universidad de Málaga. UMA Editorial
Resumen
In this study, we analyse the value of social networks as a means of proof in the labour process. For this, we study three mains issues: the first one is the legality of this proof, when the information contained in them violates fundamental rights of the worker such as the right to privacy, the right to protection of personal data, or the right to secrecy of communications. The second issue is the autonomous legal nature or not of this means of proof and its qualification as a documentary or electronic evidence. The third issue is the effectiveness of instant messaging and the use of other alternative means of proof to verify its authenticity and integrity when the person who harms it challenges this proof in the act of trial.
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