DECENTRALIZATION PRODUCTIVE LABOR AND MANAGEMENT.Author:
KAHALE CARRILLO DJAMIL TONY.
Year:
2005.
University:
SALAMANCA [
www.usal.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.
Summary: The dissertation discusses the decentralization productive in their work and procedural aspect. There is no doubt that this phenomenon star is the art business that has had more prominence in recent years. Decentralization is a highly productive economic born as a business strategy to save costs in the enterprise to maintain productivity, which is recognized techniques externalizadoras a decisive role by encouraging the entry companies to technological changes without the need to conduct huge economic investment. There is no ban in the Spanish legal system that prevents use decentralization as a productive business strategy, thanks to free enterprise which houses the Spanish Constitution in the context of the market economy. Being able to outsource their business activities through the figure of the contracts and subcontracts works and services provided for in Article 42 of the Workers' Statute, which is the core policy from the standpoint that regulates labor, establishing a range of responsibilities that failure could lead to this precept to employers or contractors. Precept that has given rise to various problems since its inception in the interpretation of the "corporate responsibility in cases of subcontracting works or services" until the recent amendment made to Article 42 of the Law 12/2001 on July 9 by "outsourcing works and services, which remains low, causing a critical review of the multiple views both as a legal doctrine that has been the refuge of the various controversies that this precept cause. This study analyzes the entire article 42, desmenuzando his assumption made by offering solutions that can address the weaknesses that employment law contains. Offering to turn practical solutions to the problems that the activation process of this phenomenon entails.
