That Make Up The Spanish State

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The non-existence of another applicable one of higher scope. Instead of applying the state regulations (basically, the Workers' Statute) prior to the expiration of the agreement, those of the expired agreement will be maintained, as they are part of the contractual conditions of the worker. Therefore, certain higher labor guarantees are protected. This interpretation, on the other hand, does not affect workers admitted after the aforementioned expiration date.

The ERE of Coca-Cola: a paradigmatic case In terms of conflictive collective dismissals, the ERE of the multinational Coca-Cola has stood out for its size and impact. In this process, it is possible to observe the concatenation of causes for nullity, advanced moible number data previously. The Plenary of the Social Chamber of the Supreme Court has confirmed the annulment sentence established by the National Court. In the first place, it contemplates the violation of the constitutional right.



Workers to strike, so that they are deprived of this instrument, in the framework of the negotiation of a collective dismissal. The facts that justified this main cause of annulment were based on scabbing practices, since the company hired someone else's staff so that the bottled production of the Fuenlabrada plant could go ahead. It was, therefore, an action aimed at annulling the employees' strike. In addition, other causes of nullity have also been observed.