The searched “prohibition of employment labor” in the time of COVID19:
“vices” of a “legality (administrative) without law”
DOI:
https://doi.org/10.24310/rejlss.vi1.10413Keywords:
prohibition of dismissal, labor laws, COVID19, judicial activism, null dismissalAbstract
In Spain, article 2 of Royal Decree-Law 2/2020, March 27, raises a serious legal interpretative problem. Although the Spanish Government seems to be seeking a prohibition against the dismissal of workers due to the crisis stemming from the covid19, in the legal text it is not at all clear that it is a dismissal with a prohibited cause and, therefore, would not entail the nullity of dismissal, but only severance pay (the cost of business arbitrariness). The first judicial cases have assumed that there is such a cause for annulment. However, the reasoning given to reach such a conflictive solution is extremely weak, technically not very rigorous, so it is highly likely that these decisions will be reversed by the higher judicial instances. In any case, the price of this defective legislation is the extreme increase in legal insecurity, in an increasingly stressed legal systemct.
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