Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

This article is concerned with the United Kingdom and the Social Charter.  It examines the ratification of the Charter, the acceptance of Charter provisions, and compliance with these latter obligations.  The paper considers the role of the domestic courts as well as the European Court of Human Rights in the enforcement of Charter obligations, whether directly or indirectly. The implications of the post Brexit EU-UK Trade and Cooperation Agreement which imposes duties on both parties to comply with accepted Social Charter measures are also addressed.  Following an account of the potential role for parliamentary scrutiny in monitoring compliance with the Charter, the paper concludes with a bleak assessment of low levels of compliance by successive British governments and ineffective methods of enforcement in domestic law. 

During the most critical weeks of the health emergency caused by the COVID-19 pandemic, and especially in nursing homes, it was recommended that the elderly be relegated to hospitals and intensive care units. These recommendations and their effective application in many cases could have resulted in the violation of the principle of equality (art. 14 CE), as well as the right to health (art. 43 CE) and, in connection with this, the right to life (art. 15 CE) of the affected elderly people. In nursing homes, particularly rigid and harsh isolation was also suffered, which, in addition to being detrimental to the right to freedom of movement (art. 19 CE), had such painful consequences as the death of many people in solitude. The pandemic has also increased ageism and the consequent stigmatization of the elderly, since during this time the association between old age, covid and vulnerability has been emphasized, often unjustifiably and exaggeratedly.

The latest labor reform has meant an essential change in the configuration of the labor hiring model in Spain, which bets for stable hiring, decisively and definitively. Temporary recruitment is an exception, so that what is done is to intensify the causal character of the temporary recruitment, as well as strengthening the formal requirements to meet this purpose. Thus, it is articulated as the reference in temporary contracts the one that is motivated by circumstances of production. A contract with a dual approach, but that is situated as a counterpoint and exception to the discontinuous fixed contract, with which it can have important points of friction. The new regulation of this temporary contract also means that we are faced with a new area of uncertainty in which case law will play an essential role.

Presentación del volumen 12, número 2, 2022.

-

The debates around youth employment have acquired a growing importance in Spain in recent years. Those who complete their studies and prepare to enter the labor market face a lack of practical training and experience in work environments. In this sense, there are various contractual figures or legal relationships that adjust to what the new professional requires and facilitate and accelerate their immersion in the world of work, among which we find the figure of the intern or training contracts. That, although they may have common notes, they have different natures: one is considered a proper employment relationship, and another is not. Through a regulatory journey in the Spanish and European panorama, the body of this article establishes the regulatory framework of the aforementioned figures, alluding to the origin of the problem (discerning in practice the border that exists between the scholarship relationship and the contract of work), contributing to the debate on the special legal relationship of scholarship holders, their differentiation with training contracts and an approach to doctrine and jurisprudence, through the analysis of the figures of the scholarship holder, false scholarship holder, training contracts and the bases that determine the nature of the bond. As a climax, some possible solutions are noted; and the most important thing for determining the existence or not of a scholarship: the factual reality.

-

The force majeure caused by COVID-19 has been prioritized by the legislator as a mechanism of internal flexibility in the face of the termination of employment contracts, as has happened now with the war in Ukraine, and, therefore, the so-called prohibition to dismiss. In this context, those cases of transit from a temporary employment regulation file to dismissal, in which the company presents losses prior to COVID-19, and now also, prior to the war in Ukraine, are particularly relevant. For this reason, it is necessary to carry out a normative and jurisprudential analysis of the precepts that regulate the so-called prohibition of dismissal, in order to determine whether or not a "prohibition of dismissal" is established, and if it violates the freedom of company, and what should be the legal qualification attributed to the dismissal; nullity or inadmissibility, as well as its temporal, material, and subjective scope. Likewise, the qualification of dismissal without just cause will be briefly analyzed, in relation to international texts and the control of conventionality after the ratification by Spain of the revised European Social Charter.

-

This text has two objectives. First, to expose four arguments of an Argentine court decision issued eight years ago from an overvaluation criterion of the precautionary principle as a guarantee of environmental public goods. Second, to introduce a reflection based on the following paradox: the work that dirty (destroy, pollutes) and threatens environmental public goods is the work that also protects Labor Law. The systematic integration, non-illustrative, of the environmental precautionary principle in the Labor Law implies continuing the strengthen its social bases from the point of view of the constitutional control in Argentina.