JOB SECURITY AND DISMISSAL (IN PARTICULAR, DISCIPLINARY DISMISSAL) IN SPAIN – A BRIEF OVERVIEW OF THE CONSTITUTIONAL AND LEGAL FRAMEWORK

Luís Gonçalves da Silva / Sara Leitão

Abstract / Resumo

EN

This article briefly examines the right to job stability recognised by Spanish doctrine and jurisprudence on the basis of the right to work established in Article 35 of the Spanish Constitution and, in light of this, briefly analyses the disciplinary dismissal regime, taking into account the grounds for the same and the formal requirements that must be observed. Starting with a short presentation of the Spanish Constitution of 1978 and what preceded it, this study then proceeds to briefly describe the regime of dismissal and, in particular, disciplinary dismissal established in Spanish law, specifically, in Estatuto de los Trabajadores. With no ambition to provide an exhaustive overview of the subject, this article seeks to offer a first approximation to the matter analysed, with a practical and immediate approach.

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