Denial of bonuses in cleaning contracts after the transferring of employees by collective agreement (Judgment of the Supreme Court (Contentious-Administrative) of 14th November 2017)

Authors

  • Inmaculada Ballester Pastor Universidad Jaume I de Castellón

Keywords:

Contracts, contract transferring, reduction of taxes, collective agreement, company succession

Abstract

The transferring of employees is compulsory for contractor companies when it is laid down in the collective agreement of the sector concerned. This mechanism is considered a benefit that protects and creates employment stability. Such obligation achieves the transferring of the successor company in the contracts of the affected workers, remaining the contractual relationship unchanged, thus these contracts will not be new ones. This implies that the right to receive hiring bonuses from the incoming contractor company will be lost, since there will not be new contracts but only a change of employer. Such denial is confirmed by the High Court under the provisions of the Royal Legislative Decree 3/2014 of 28th February. However, the reasoning of the Court must be founded on the doctrine established by the Labour Court, which is unavoidable in the conflict caused by a safeguarding and odd mechanism: the transferring of employees by agreement.

Downloads

366 registered galley accesses
Last 12 months: 105
PDF: 366 · HTML: 0 · Other formats: 0

Article page views

2177 registered views
Last 12 months: 1981

History retained by PKP. Accesses are not unique people and do not guarantee a completed download. Data through: 2026-11-05.

Downloads

Download data is not yet available.

Downloads

Published

2018-06-28

Issue

Section

Estudios de Doctrina Judicial

How to Cite

Denial of bonuses in cleaning contracts after the transferring of employees by collective agreement (Judgment of the Supreme Court (Contentious-Administrative) of 14th November 2017). (2018). Revista de Derecho de la Seguridad Social, Laborum, 15, 145-160. https://revista.laborum.es/index.php/revsegsoc/article/view/287

Most read articles by the same author(s)