Extinciones individuales del contrato de trabajo en empresas en concurso, preconcurso y concurso sobrevenido

Abstract

The compatibility between the individual expiration of the employment contract, under the shelter of the action that art. 50 1º b) of the Estatuto de los Trabajadores (workers regulations) concedes to workers, and the state of insolvency (or the pre-state of insolvency), or when the state of insolvency happens suddenly, is a complex matter, on account of the solution mediated by the Act on Insolvency to transform it in a collective expiration, with the consequent loss of competency of the social judge in favour of the commercial judge. The divergent solutions and interpretations to the issues which have been contemplated in the courts about this matter, is the fundamental objective of this work.