LABOR AND SOCIAL SECURITY LAW

Author: BASAULI HERRERO EMILIO.
Year: 2004.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: FACULTAT DE DERECHO.
Place of preparation: FACULTAD DE DERECHO DE LA UNIVERSIDAD DE BARCELONA.

Summary: This thesis desarrlla studying all aspects that may affect the permanent disability of professional athletes in their contributory, leaving aside the temporary disability and permanent injuries not crippling, and putting the facts that cause permanent disability regarding the definition of professional athletes, they need to practice their profession with a special physical preparation with continuous, both for its initial recruitment, as consecutively to verify that is at full capacity, physical examinations performed within the scope of relationship between the club and the athlete. Likewise, the aforementioned thesis determines that it is very difficult to permanent disability resulting from the common nature of the risk orginario, by illness or by the common accident common, so it sticks with appropriate references to the professional nature of the original risk the permanent disability.

Author: GARCÍA GIL M. BEGOÑA.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO - UCM.

Summary: The connection of employment policy with the labor law is where the concern comes from the actors in the employment policy institute measures aimed result in the creation of employment. The analysis of the effectiveness of the legal instruments of employment policy, after the great contemporary transformations, it is now an imperative. The decentralization of the labor market, the existence of groups with special difficulties for social integration and employment, among other circumstances, prevent and hinder employment. We must therefore, the adjustment of employment policy measures to the current realities of the job market, as well as the satisfaction of the objectives that governments designed for the better functioning of the same. Against this background, in our study we analyzed the legal instruments of employment policy, which encompasses the measures calls active and passive, especially from the perspective of efficiency and capacity to serve the creation and maintenance of employment as central objectives of employment policy. Therefore, we have made progress in the study of employment policy measures, from the brokerage and placement, as the first stage of the employment relationship, including measures taken in promoting the recruitment, job sharing, concerning the working time, flexibility of wages, promotion of employment and measures for the protection and activation of employment. To highlight the need for the active and passive measures employment articulate and coordinated in a common form of this model to achieve the highest degree of efficiency.

Author: CEINOS SUAREZ ANGELES.
Year: 2004.
University: OVIEDO [www.uniovi.es].
Place of defense: EDIFICIO HISTORICO DE LA UNIVERSIDAD DE OVIEDO.
Place of preparation: EDIFICIO HISTORICO DE LA UNIVERSIDAD DE OVIEDO.

Summary: This paper carries out a thorough and comprehensive analysis of the legal regime applicable to a person who holds the nationality of a third country and sought to develop a lucrative activity in Spain. A preliminary study subjects were responsible for drawing up the policy on immigration and aliens, as well as the role that each plays in such work. It was subsequently enters the depth study of what makes the regulation of the employment relationship of foreigners, beginning precisely the element that characterizes it, namely the need to obtain a permit to work. This characteristic leads necessarily to the study of the different kinds of work permit that existene into law on foreigners, whose legal regime for a considerable impact on the employment relationship of the foreign worker. In the final analysis, this paper explores the impact of the authorization of work on the job search and on future recruitment, as well as the employment contract, if any, can be arranged. Of course, an important bloc of this work is devoted to foreign workers who provide services, but do not have the relevant work permit. Specifically, the exercise of certain rights by these workers is one of the pillars of this work. To crown it all, the final chapter is devoted to different types of responsbilidad which may incur as a result of the contract or the delivery of services without the corresondiente authorization.

Author: RODRÍGUEZ SÁNCHEZ ROSA.
Year: 2004.
University: ROVIRA I VIRGILI [www.urv.cat].
Place of defense: FACULTAD DE CIENCIAS JURÍDICAS.
Place of preparation: UNIVERSIDAD DE BARCELONA.

Summary: The aim of the thesis is to analyze the different rights that comprise the collective aspect of the legal relationship that is established between the workers subjected to special working relationship and their employers, to demonstrate the different intensity in the protection that the law gives these workers special compared with the employee of the common system, expressed especially in the employment relationship special prisoners in the prison and civilian personnel at military establishments.

Author: PAIVA MEDEIROS DE OLIVEIRA FLAVIA DE.
Year: 2004.
University: VALENCIA [www.uv.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The bullying at work, which should be understood as the process of systematic and unwarranted persecution in the workplace, facing the moral integrity of the employee, as well as affecting the social dimension of the right to health and, in addition, seriously jeopardizes perspective psychic this legal right. Therefore, the labor problem should be treated as a social risk and whose collective preventive custody should be carried out based on the provisions of the LPRL, to impose liability on the employer's preventive contractual nature. An effective protection from harassment in the workplace also requires repair the moral and / or material derived from this work, which must be done or through the procedure of enforcing the rights of freedom of association and other fundamental rights or through the procedural method corresponding situations extinction of the employment contract at the request of the employee or invalidity of dismissal violator of fundamental rights

Author: QUINTERO LIMA MARIA GEMA.
Year: 2004.
University: CARLOS III DE MADRID [www.uc3m.es].
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
Place of preparation: UNIVERSIDAD CARLOS III DE MADRID.

Summary: The Law of Social Security is one of the most dynamic sectors of the Spanish legal system. This means that there is a continuous succession rules, however, the legislature does not always follow uniform rules Transitional Law. Accordingly, there is a perceived increase in the legal problems that relate to events and situations intertemporal. So this thesis aims, in principle, and in the context of a very specific philosophy for the Law of Time (Time travel / random), the reorganization of the transitional problems in Social Security. As a second objective are defined and classified policy instruments and the principles of solution that could be considered to constitute a system of Transitional Law of Social Security. These first two objectives become secondary and instrumental approximation to the actual experiences of the Spanish legislature. Particularly with regard to the first transition rules total of 1966 (from the social insurance system of Social Security), and the following transitions to the present. Finally, as a result of the analysis of legislative developments on Social Security (vertiente-prestacional and vertiente-gestión administrative and financial) concludes with criticism of the system, suggesting a possible model Transitional Law, technical, Security Social Security.

Author: DESDENTADO DAROCA ELENA.
Year: 2004.
University: CASTILLA-LA MANCHA [www.uclm.es].
Place of defense: CIUDAD REAL.
Place of preparation: CIUDAD REAL.

Summary: The identification of the corporate position in the contract of employment has become one of the central problems of the practice of law in the workplace, as a result of the decentralization of production and new forms of business organization. There is a growing difficulty in determining who is really businessman, and how far can extend liability for the obligations of employment. This thesis addresses these problems from a perspective that, despite its importance practice has attracted much attention so far only a marginal doctrine laboralista. That perspective is the position of the relations between business and legal personality. An examination of the legal codes shows that it is increasingly acting as entrepreneurs find certain subjects or organizations lacking personality. Communities owners, a group of companies, societies irregular domestic companies, communities and associations of company assets are the best known cases, but there are others of similar complexity, such as inheritance recumbent, the company acquired or bodies themselves costitucionales State (legislative chambers, the Council of the Judiciary, the Constitutional Court). The problems business performance by entities not normally personified are many and serious. At the substantive level, we must establish the extent to which such entities without legal personality can become legal complaint centers, incur obligations and take responsibility for their actions from an estate. At the procedural level, it discusses its ability to be part situations litisconsorciales stemming from its complexity subjective, and especially the difficulties that appear on the performance when, in the absence of a body without its own personality, it is require its members compliance with the judgments of conviction. The aim of the thesis is an analysis of all these problems within a theoretical framework, but with a review pay particular attention to the unique cases, as they appear in the jurisprudence and doctrine court. The book is organized into six chapters, but it can also distinguish two parts. The first, consisting of the two opening chapters, focuses on the two key concepts: the employer and the legal personality. The notion of employer has not been particularly controversial in the Spanish Labor Law. Despite the permanence of the definitions patrimonialistas and political influence of the business community during the Franco years, the scientific and judicial doctrine has always operated from a contractual concept and material entrepreneur. The difficulties have occurred from the late seventies when, first, and then the economic crisis, globalization and changes in the economy begin a process of deconstruction of the entrepreneur with decentralization productive, the eclipse of the company and fordista the birth of the enterprise network. This deconstruction process occurs through various formulas; contraction external services, processes filialización, formation of groups of companies and use of the franchise. The consequences of these new processes and ways of reconstruction through a critical review of the notes that define the position business realizes chapter I. In this context, chapter II of work faces the thesis that within the laboralismo, have advocated the elimination of personality in the construction of the concept of the entrepreneur. This thesis, which is present in art. 1.2 ET when it recognizes the status of the employer community property, is the subject of a critical review, which concludes that it is not possible to dispense with the personality to configure the corporate position. The thesis superadoras part of a mistaken notion of personality jur 8 ídica. É bf8 sta, under Spanish law, is constructed from a basic concept; unification of the activity of the group through the recognition of a unitary capacity to act and the formation of a separate heritage whose ownership group. The formation of separate assets is essential and leads to the most important effect, the preference of creditors of the group on personal creditors of the partners respect to goods that are the heritage society. But this is not tantamount to solitary confinement property, which is no longer attribute the basic legal personality, but that appears only in what might be called special legal personalities, which has allowed the legislature to add a further effect: Limitation of Liability the partners. Within this framework, Chapter II deals with the specific problems of these areas of responsibility that have so much significance in practice forensic work, the responsibility of the partners and managers both in partnerships like the capitalists, as well as problems specific "lifting the veil" in the forestry sector. But in any case, the analysis shows that the legal personality plays an important role in our law, it is an essential mechanism for the allocation of positions of the right and duty and is the guarantee for the economic effectiveness of responsibilities in the legal traffic. The lack of legal personality overcoming not only does not increase the guarantees of workers, but that disrupts the effective conduct of their claims, to direct its actions against "gaps between economically." The second part of the work contains more specific analysis. Chapters third, fourth and fifth are reflecting on the possibility that there may be entrepreneurs without personality, by examining individual cases to which it has partnered this possibility: community property, inheritance recumbent, the society of acquisitions, business groups and unions ventures (UTE). The answer is no, except for the exceptional case of inheritance recumbent, which would have elements in assessing the tacit recognition of a legal personality.

Author: MARTIN HERNANDEZ MARIA LUISA.
Year: 2004.
University: SALAMANCA [www.usal.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The research conducted in this study is referred to the analysis of a specific right of workers, expressly recognized in their favor within the existing labor law: the right to effective protection on safety and health at work. This law is now not only enjoys an explicit recognition in our jurídico-positivo but also has a detailed development in the law, primarily in the Law 31/1995, dated 11 November, Occupational Hazard Prevention and it is why we felt the need to develop a comprehensive and detailed study of this regulation, taking into account, which so far did not exist in the literature iuslaboralista Spanish any analysis specifically focused in particular on the right of workers. Thus, from the regulation jurídico into force has done an analysis jurídico-dogmático it, analyzing all aspects of its legal structure, ie who are the subject headlines, what its content, and finally what are the means of legal protection provided by law for cases in which this right is injured. In addition, previously, had tried to locate this right within the overarching policy on safety and health at work, make a general description and characterization of it, clarify their true nature legal and constitutional inquire about their budgets. In general, it has been concluded that this is a subjective right of workers against their employer, which is the subject specifically bound to ensure this, aimed at protecting their personal property relating to the life, integrity psychophysics and health in the particular field of work, even if it is a right separate from the fundamental right to life and physical and moral integrity embodied in art. 15 of the Spanish Constitution. It is also a right that arises directly from the employment contract of each worker is part and integrates fully into its content but at the same time, all elements of its legal structure prefigurados come by the LPRL and the rest of the rules preventive development, which can be defined as a contractual right configuration but legal. He was also may characterize as a right specifically because his job title has been assigned exclusively to workers (though understood by workers not only to those who are part of a contract of employment but also to civil servants and the statutory personnel serving the government and members of cooperatives engaged in personal benefits them), and also because it is a right to protect workers did not face any kind of risk, but only and exclusively, as opposed to the occupational hazard, ie those who cause for concern or as a result of compliance with its salaried provision of services within the scope of organization and leadership outside of their employer. Just generic content that the LPRL has given this right of workers is their effective protection against the dangers arising from work which has resulted in the imposition on the employer of a number of specific obligations, all of which are mandatory for his party and directed to meet the private interest of every one of their employees to enjoy working conditions without risk to their life, their integrity and their health.

Author: Ruiz de la Cuesta Fernández María Soledad.
Year: 2005.
University: ALICANTE [www.ua.es].
Place of defense: Facultad de Derecho.
Place of preparation: Facultad de Derecho.

Summary: In the Spanish legal system work, paid employment for artists in public constitutes an employment relationship on an ad hoc basis, as set out in Article 2.1.e) of the Workers' Statute, since its drafting of 1980, assuming the specialty statement he made at the time, for the first time, the Industrial Relations Act 1976. The existing regulatory framework is formed mainly by Royal Decree 1435/1985, August 1, which governs the employment relationship hoc special character of the artists in public, rule expressly states that it applies where not intended for it, employment law of general application. Given particularism sector and great patterns and artistic activities, the role of the collective agreement on the regulation of this working relationship is particularly relevant. Thus, while Royal Decree 1435/1985 is a common core to all kinds of artistic activity, the detailed regulation of the working conditions of the artist in public is in the collective standards. The study highlights and analyzes the most peculiar aspects of this special contract work, using the rules in force, both government and conventional, legal pronouncements and the contributions of the scientific and legal doctrines. Based on a general outline about what is meant by "special relationship" and regardless, in the end, the reason that justifies the existence of this "underclass" of labor contracts, the author offers alternative solutions to problems and classics and detects, and equally addresses, others who were passing unnoticed.

Author: RODRÍGUEZ SANTOS ESTEFANÍA.
Year: 2005.
University: PABLO DE OLAVIDE [www.upo.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Study of the legal regime for the cause of termination of the employment contract governed by Art. 49.1. D) ET. In particular, it seeks to analyze extinctive figure from the perspective bargaining power and as a worker. It confirms the idea that the resignation was an act of withdrawal, which the worker can dissociate itself from the contract concluded with the employer for his exclusive declared willingness expressly or implicitly, without having to justify any cause. It also confirms the view that the resignation is a worker's right which finds its ultimate foundation in the professional freedom. It is also identify the requirements of validity of the statement will divide and the requirements of how to exercise the power extinctive, effects and legal consequences arising from this exercise, as well as the challenges in the field of Labor Law.

Author: GARCÍA MUÑOZ MANUEL.
Year: 2005.
University: PABLO DE OLAVIDE [www.upo.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The thesis project made part of the study of the different forms of universal organization of the workers tested in the history of the labor movement -sindical in terminology more now in order to act as guardians of their own interests, for, after deepen the historical background and the context in which it introduces the model of worker representation in the company in Spain currently in effect, reaching expose configuration legal representative bodies that make up this model. Thus, the first chapter is devoted to an analysis of the legal nature of such organizations, provided a perspective from both large (according to all the essential elements that comprise each organization: subjective, organic and functional finalist), and specific (in care each of these elements individually considered), thereby determining, on the one hand, the legal nature "general" of each organization and, secondly, its legal nature "specific". Then, in the second chapter, based on historical events and the legal and factual competing, he examines factors influencing the establishment of model worker representation on the company and the development of regulatory legal instruments to introduce this model. Finally, in the third chapter, affects the legal status (primarily operational) of the organs that make up the Spanish model of representation, to determine the legal regime that should apply, closing the investigation, according to the conclusions reached, the proposals to amend legislation that might improve the system of representation of Spanish workers in the company.

Author: Portillo Cuadra René Alfredo.
Year: 2005.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: UES-Universidad de El Salvador (El Salvador).
Place of preparation: Facultad de Derecho.

Summary: The institution under consideration has been addressed from its historical development, doctrine and policy, both in law and in the Spanish laws of Argentina and El Salvador. Collective bargaining labor is one of the most important manifestations of access for the autonomy of social groups to power policy, in that sense, is situated in the context of a broad and deep phenomenon renewal of the legal concepts the next designated by the name of "socialization of law". The analysis enables us to say that in countries where there is respect for the freedom of association, collective bargaining becomes an instrument for development of relations productive and progressive elevation of the rights and guarantees of workers. In contrast sen her, in countries like El Salvador, collective bargaining is due to a corporatist model spoken highly by the state, without party autonomy and governed by a legal system obsolete, and nugatorio of such fundamental rights as freedom of association and exercise of the right to strike. To boost the collective bargaining working in El Salvador, we need to urgently reform the constitution in order to remove obstacles to free association, allow the right to strike and collective bargaining for public servants, ratifying conventions 87, 98 , 135 and 151 of the ILO, harmonize its legislation secondary primarily the procedure of collective bargaining and the use of alternative methods of dispute resolution, such as conciliation, mediation and voluntary arbitration. El Salvador recently signed a free trade agreement with the United States of America, in which they pledged to respect its obligations under the ILO, this commitment will enable the country sits down to a real force and enforcement of labor rights before mentioned.

Author: RODRIGUEZ CARDO IVAN ANTONIO.
Year: 2005.
University: OVIEDO [www.uniovi.es].
Place of defense: EDIFICIO HISTORICO DE LA UNIVERSIDAD DE OVIEDO.
Place of preparation: DEPARTAMENTO DE CIENCIAS JURIDICAS BASICAS.

Summary: The social security systems were born in Europe in the second half of the nineteenth century. Some countries developed a model professional social protection, in order to protect workers, following the German example, others (Britain, for example) preferred model Beveridge, and their social security systems to protect people without financial resources. These two models remain today, although they have evolved influencing each other. Nevertheless, the field is a subjective one of the main issues in the analysis of a social security system, proque its structure, financing arrangements, protective action and generally any other aspect depends on the initial election. In Spain, the Social Security System is based on the German model, and protects against social risks, particularly those arising from the work. Social insurance, precedent Social Security was created in Spain in 1919, and the Workers employees were the only group protected. The objective and subjective areas of pensions grew gradually until the Social Security System was established by the Law on Foundations of Social Security in 1963. The social security system is designed to protect people who are involved professionals (workers who are autonomous, government officials and assimilated), and has almost reached its ceiling in the contributory, but the Spanish Constitution entrusts to the authorities maintaining a system of public social security for all citizens. The Spanish social security system covers all Spaniards and foreigners with permission to reside (and in his case work) play their profession in Spain. The system gives certain benefits to people who live outside Spain, and even some residents who do not develop a professional activity, but there are also groups that are not included in the system. Therefore, the main objective is to identify the subjects included and excluded from Social Security to define the perimeter of the Spanish system.

Author: LOPEZ CABALLERO MARIA DELS ANGELS.
Year: 2005.
University: VALENCIA [www.uv.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: UNIVERSIDAD DE VALENCIA.

Summary: This thesis has tried to carry out a study unit on collective redundancies and basically have continued to four lines of inquiry: 1. The reform of 1994 and 1997 on the chance, and the teleological factor on some aspects of the procedure, have managed to equip the dismissals due empresriales a flexibility that collided with the rigidity that had prevailed so far. 2. Reform of 1994 was a major impetus for the period of consultation and the consultation period turned into a real bargain collectively on corporate restructuring. Based on the changes introduced by the reform, not only will the parties to negotiate and schedule a certain number of layoffs and corresponding compensation, but should strive to reduce the extent and impact of the restructuring becomes more complex for diversity measures that can be traded and the relationships we must maintain the agreement on the restructuring regarding the collective agreement and even regard to employment contracts. 3. However, the new treatment which received the consultation period from the reform of 1994, has failed to diversify the contents of the agreements on the restructuring. However, this trend could change. Increasingly, we begin to familiarize ourselves with a new concept: "the restructuring socially responsible." According to these approaches, in a restructuring not only have to take into account the economic interests but also the social and it is necessary to seek the participation and involvement of all stakeholders through information and open consultation. Therefore, these new approaches can provide a new momentum of the consultation period, and ensure that agreements are limited to collect remedial measures for the dismissal. 4. At the same time, these reforms have left unresolved other problems that should perhaps make us replanteáramos the role of the labor authority in the files of employment regulation.

Author: PEÑALOZA RANGEL LEGDER NOAM.
Year: 2005.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Numerous economic and technological transformation experienced in recent times have forced the structures and business practices have had the need to introduce mechanisms to adapt to these changes, a situation that has complicated the traditional figure of the entrepreneur. In this context, we have developed two phenomena of great significance, the trend of corporate concentration and the growing diversity among the different sectors that make up the production, with a consequent increase in the decision-making centers. This has led to the need to adapt the structure and size of the firm, and the emerging Business Groups, which embodies a new model of legal organization of economic power and productive entrepreneurial activity. Work begins addressing his previous coaching on the concept of entrepreneurs who can then place them within the Labor Law since its subjective dimension, as part determinant in labor relations. In the second part of the thesis explores the lack of regulation in ordenamiento jurídico Spanish on the subject of the representation of workers in the Industry Groups national dimension, unlike what happens to the region, stressing the importance it had in its collective self regulation and development.

Author: SELMA PENALVA ALEJANDRA.
Year: 2005.
University: MURCIA [www.um.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: UNVIERSIDAD DE MURCIA, FACULTAD DE DERECHO.

Summary: This research presents interpretive lines for which in recent years prefer judges and courts to implement art. 1.1 ET. It aims realize the scope of labor standards in the present and shape the existing notion of dependent worker, since the two issues are intimately linked. Given the profound transformation of the productive structure, necessarily changing business needs and with them the contents of typical service delivery, but also change significantly manifestations of each of the constituent notes of the employment contract, so, that precipitated an analysis of certain relationships can let go unnoticed modern ways to do an employment benefit that do not conform to the typical pattern seen in the traditional industrial production. The study is divided into seven chapter that try to provide an accurate picture of the work performed, diferenciándola other related productive collaborations with regard to the mutual realization of the rights and obligations arising from the contracting of a legal nature but very different. So, first examines the impact of changing social reality, the needs of the company, the requirements of demand and the organization of production in the company on the concept of contract work, stressing the vital nature of the note of the unit in the identification process. These themes are complemented by explaining that the relaxation has been experiencing steady note constituent of the employment contract traditionally known as the "dependency" or "subordination business" at the same time proposing a new beam or indiciario system that facilitates the identification work of the interpreter. Finally, it explains the different techniques through which judges and courts are trying today to extend as far as possible the borders of the laboralidad to new gray areas and discusses the most common examples of simulation that in practice attempts disguising an employment relationship.

Author: QUINTELLA DE CARVALHO JOSÉ.
Year: 2005.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO, UNIVERSIDAD COMPLUTENSE DE MADRID.

Summary: The honoree conducts a rigorous analysis of the different historical models of "syndicalism" from the union's model "natural" original or initial on the eve of the first capitalism; unionism tolerated under a liberal regime of abstentionism, the model of corporate unionism corporate authoritarian regime, and the current model of unionism "neocorporativo" of democratic states. These models in contrast to the dogmatic categories linked to the fact Association: freedom, autonomy and power of de facto union. And this contrast infer interesting conclusions on the adequacy of the model neocorporativo especially for each model to study these parameters defining authenticity of the "association".

Author: CASTRO CONTE MACARENA.
Year: 2005.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO, UNIVERSIDAD COMPLUTENSE.

Summary: Given the fundamental nature of wages in the employment relationship, it is clear that the wage determination is essential for an operation that from the perspective of employee compliance with the main object of the employment contract, which is the payment by the employer to pay legally established. Overall, wage determination understand the regulatory model for regulation of the wage is set by the specific combination of system fonts, and the political orientation of the moment. The rigidity of the previous regulatory system of wages, together with other factors made it necessary, reform the regulatory system in order to the goals of flexibility in industrial relations. Law 11/1994 of 19 May reform of the Workers' Statute came to boost wage flexibility changing the font system for determining the salary structure which was granted to the collective work contract and the role of basic tools and management wage determination. With this rule resulted in a reduction of state interventionism, in addition to the removal of the previous regulations and the process of replacement of Labor Ordinances. The Workers' Statute opted to refer the regulation of wages to bargain collectively. Finally, on the assumption that the collective agreement does not set wages or has not agreed applicable, will implement what parts of the employment relationship have set in the contract of employment. In our studies analyze the system source ordenamiento jurídico. Specifically, what are the functions of the law, collective agreement and the employment contract in the setting of wages and how they are interconnected according to the criteria of flexibility and rationalization and, ultimately, as this Affect capacity the employer's decision to the logical consequences of such an increase in the determination of wages.

Author: CONDE MARÍN EMILIA.
Year: 2005.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO - UNIVERSIDAD COMPLUTENSE.

Summary: The principle of good faith is one of the oldest legal institutions and most of our draft law, and constitutes one of the essential elements of the employment contract. Good faith, applied to the employment relationship, is a set of rights and obligations for both the employee and the employer. The parties must exercise their rights and fulfill the obligations stemming from his contract under certain valuations ethical and social honesty. We started our investigation with the arrest of the general principle of good faith in the legal system common on that basis, analyze the relationship of individual work. There will always be a journey along the contractual relationship work from their preliminary until its extinction, which details the legal consequences arising from the implementation of the duty of good faith in that regard.

Author: LLOMPART BENNASSAR MAGDALENA.
Year: 2005.
University: ISLAS BALEARES [www.uib.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The doctoral thesis on wages: concept, structure and size, is divided into four chapters: The first made a number of general considerations connected with the debate on wage flexibility and economic significance of wages. This, it remains an exhaustive analysis of the sources wage system that is put under the principle of sufficient salary, the prohibition of discrimination, the right to some rest and limiting paid wages in kind. In Chapter II discusses in detail the concept of pay, both for positive and negative. Since both notions not evade the problems of legal qualification, the contents of this chapter is supplemented by an analysis of the same patterns and to be followed to resolve them. Chapter III is intended to wage systems and abounds in the legal regime of the wage structure. The treatment of both issues is made jointly to the extent that the option of a specific formula determines the composition wage salary. Also in this section is a reflection on the scope of the statutory provisions governing the consolidation of salary supplements, showing an impact on all the close relationship that always exists between work and pay. In Chapter IV discusses various issues related to the amount of wages. The exhibition begins with an analysis of minimum wage Interprofessional, continues to wage employment and contractual and ends with a eestudio on the absorption of wages and compensation.