Revistes Catalanes amb Accés Obert (RACO)

Collective dismissal due to economic reasons, group of companies, fraud and the doctrine of the lifting of the corporate veil. Commentary of the decision of the Spanish Supreme Court of January 29, 2014.

Rafael Senra Biedma

Abstract


This paper analyzes the decision of the Spanish Supreme Court of January 29, 2014. In this decision the court determines the judicial calcification of a collective dismissal due to alleged economic reasons agreed by a company member of a business group, dominated by individuals with family ties among them. The analysis of the alleged economic reasons is moved to second place, giving priority to the determination of the employer (formal employer versus business group) and to the attribution of liability to the individuals that adopted the decisions.

Full Text: PDF (Castellano)



ISSN: 1699-2938