Journal of Labor and Social Security Legal Studies (REJLSS)
type: channel
description: The Revista de Estudios Jurídico Laborales y de Seguridad Social (REJLSS) is a scientific publication published by the Publications and Scientific Dissemination Service of the University of Malaga (UMA Editorial). Since its founding in 2020, it has established itself as a leading platform for the dissemination of original and unpublished works focused on the field of Labor and Social Security Law. The journal is characterized by its free, open, and open access, its international reach—particularly in Europe and Latin America—and its commitment to rigor, quality, and critical reflection on the current challenges of this legal discipline. Its objective is to contribute to doctrinal debate and the search for legal solutions to the complex transformation processes in the socio-labor world. This is a biannual interuniversity journal, published electronically, with two regular issues per year (covering the periods May-October and November-April), as well as special issues. It is aimed at university professors, researchers, students, labor law professionals (lawyers, social science graduates, and advisors), and, in general, anyone interested in labor law studies. Its purpose is to promote research, knowledge transfer, and academic and professional development in the field of labor and social security law. clear 124 / 5.000 Resultados de traducción Resultado de traducción The journal is indexed in numerous catalogues, databases and scientific evaluation systems, including: CIRC (C, Ciencias Sociales), Dialnet, Dialnet Métricas (Cuartil 1 -C1- Derecho; Cuartil 2 -C2- Derecho del Trabajo), Latindex, OpenAlex, MIAR, REBIUN, REDIB, DOAJ, DRJI, ROAD, WorldCat, Wizdom, CSUC, Google Académico, Crossref Metadata Search, EZB, WZB, ZDB, Dulcinea, Journal TOCs, Scilit y Erih Plus. And it is present on Twitter and Facebook:
publisher: Universidad de Málaga. UMA Editorial
language: en
publication name: Journal of Labor and Social Security Legal Studies (REJLSS)
issn: 2660-437X
copyright: In the Revista de Estudios Juridico Laborales y de Seguridad Social (REJLSS) we are clearly committed to a policy of open access to scientific knowledge (See Berlin Declaration). Those authors who have publications with this journal accept the following terms: This journal provides immediate free access to its content under the principle of making research freely available to the public. All the contents published in the REJLSS are subject to the Creative Commons license Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0) Copyrights are of two kinds: moral and patrimonial. Moral rights are perpetual, inalienable, non-transferable, inalienable, unattachable and imprescriptible prerogatives. In accordance with Spanish copyright legislation, the authors who publish in REJLSS retain the moral right over their work, as well as the ownership of the patrimonial right, which will be transferred to the University of Malaga for its dissemination in open access. The patrimonial rights, refer to the benefits that are obtained by the use or disclosure of the works. REJLSS is published in open access and is exclusively authorized to perform or authorize by any means the use, distribution, dissemination, reproduction, adaptation, translation or transformation of the work. It is the responsibility of the authors to obtain the necessary permissions of the images that are subject to copyright. Authors whose contributions are accepted for publication in this journal retain the non-exclusive right to use their contributions for academic, research and educational purposes, including self-archiving or depositing in open access repositories of any kind. The electronic edition of this magazine is edited by the Editorial of the University of Malaga (UmaEditorial), being necessary to cite the origin in any partial or total reproduction. The authors may adopt other non-exclusive license agreements for the distribution of the version of the published work (eg: deposit i…
items: Workplace absenteeism:
items: The minimum living income as the fifth pillar of the Welfare State:
items: Labour governance in the European Union:
items: Sustainability of the public pension system in scenarios of instability, crisis and economic uncertainty
items: https://www.revistas.uma.es/index.php/REJLSS/en/article/view/22958
items: The generation that haven't taken off
items: From flexible retirement to reversible retirement
items: The devilish causality of employment contract on the grounds of production circumstances
items: The port stevadore and the legal-labour challenges of automation and AI systems
items: Science and legal method in François Gény
items: What is seen and what is not seen in the active retirement reform
items: Sexual and reproductive health in the context of labour relations
items: Employability and job prospects for migrant youth, refugees, and asylum seekers in Spain
items: Introduction to the issue
items: Additional compensation in the event of unfair dismissal in article 24 of the European Social Charter as interpreted by the Supreme Court
items: Towards real equality for the LGTBI community: Law 4/2023 and its impact through collective bargaining
items: Environmental protection as a new content of collective labor agreements: green collective bargaining
items: The european model of skills and competences for employment in the context of the digital revolution
items: Right to cease activity in the event of serious and imminent environmental risk
items: Long-term sickness absence and return to work: from improvisation to planning
items: Labour inspection reports, their probative value and contestation
items: Science and legal method in François Gény: New science and free scientific research (Part I)
items: Retirement, remuneration and the law: the inmutability of pensions rights under the nicaraguan family code
items: On two (possible) breaches of international conventions on dismissal: worker prior defence and loss of representative status
items: The ‘Age of the masses’ and the conservative reaction and defense to the advent of the working classes into economic-social and political life: Gustave Le Bon (II)
items: Some current application issues regarding telework
items: Current situation of new family models in the socio-laboral field: special attention to single parenthood and homoparenthood
items: Some impressions about the Social Agreement of July 31, 2024 on pensions and the sustainability of the System
items: A debate over the categorization (or not) of digital disconnection in the workplace as a fundamental right
items: The activation of the network mechanism in the motor vehicle manufacturing sector in a context of sustainable mobility

Workplace absenteeism:
type: item
description: Workplace absenteeism is a complex phenomenon that challenges both companies and legal experts, as it lacks a univocal definition in Spain. This study proposes a paradigm shift: focusing on unjustified or avoidable absences, moving beyond a statistical perspective that overlooks human behavior. The analysis breaks down causes ranging from mental health and working conditions to “acts of rebellion” and subtle “presenteeism”. To combat it, transversal tools are offered that go beyond punishment: loyalty strategies, the improvement of the work environment, and the strategic role of collective bargaining. However, it emphasizes that incentives such as attendance bonuses must strictly adhere to legality to avoid any discrimination based on health or gender. Through objective indicators and the reinforcement of “economic or industrial democracy,” this study aims to draft a comprehensive roadmap to transform absenteeism into an environment of commitment and shared well-being.
subject: Estudios doctrinales
  topic: section
subject: workplace absenteeism
  topic: keywords
subject: temporary incapacity
  topic: keywords
subject: collective bargaining
  topic: keywords
subject: productivity
  topic: keywords
subject: prevention
  topic: keywords
creator: Francisco Javier Arrieta Idiakez
rights: Copyright (c) 2026 Francisco Javier Arrieta Idiakez https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-03-31
publication date: 2026-03-31
starting page: 68
ending page: 110
doi: 10.24310/rejlss13202623268

The minimum living income as the fifth pillar of the Welfare State:
type: item
description: When considering how to restore full membership in society (based on the premise of guaranteeing a dignified existence), there are various solutions, some of which have already been tried, with varying degrees of intensity (and varying degrees of success), in different countries. Among them, we find two ideal types: minimum integration or insertion incomes (classic and renewed conditional income programmes, such as the Minimum Living Income in its capacity as a non-contributory benefit of the Social Security system); and basic income or basic income (innovative unconditional income programmes). These figures present specific points of connection and substantial differences. In their most evolved forms, the two protection techniques are linked to the creation of an Active Welfare State, committed to the participation of individuals based on freedom and integration in all areas of social and economic life. This ties in with the social law policy debate on the construction of a Fifth Pillar of the Welfare State.
subject: Estudios doctrinales
  topic: section
subject: minimum living income
  topic: keywords
subject: non-contributory social security benefit
  topic: keywords
subject: fifth pillar of the welfare state
  topic: keywords
subject: conditional minimum income
  topic: keywords
subject: basic income or unconditional basic income
  topic: keywords
subject: income policy
  topic: keywords
creator: José Luis Monereo Pérez
rights: Copyright (c) 2026 José Luis Monereo Pérez https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-03-31
publication date: 2026-03-31
starting page: 13
ending page: 51
doi: 10.24310/rejlss13202623206

Labour governance in the European Union:
type: item
description: This essay analyses the European institutional (tripartite) social dialogue process and one of its key players, the social partners, who can become true co-legislators. Furthermore, it considers positively the fact that the Community agreements reached in this area can be implemented through the procedures and practices of the social partners and Member States, if the signatories so decide; it is also important to recognise the significance of the lack of agreement in the negotiation phases provided for in the social dialogue process. All of this is a model of governance characteristic of the European Union. The conclusions express concern about the risks, ambiguities and internal interference in the model, leading us to wonder whether this mechanism of European social dialogue is in crisis or whether its promotion is actually leading to its own strengthening.
subject: Estudios doctrinales
  topic: section
subject: governance
  topic: keywords
subject: dialogue
  topic: keywords
subject: social partners
  topic: keywords
subject: European social model
  topic: keywords
creator: Laurentino Javier Dueñas Herrero
rights: Copyright (c) 2026 Laurentino Javier Dueñas Herrero https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-03-31
publication date: 2026-03-31
starting page: 137
ending page: 171
doi: 10.24310/rejlss13202622988

Sustainability of the public pension system in scenarios of instability, crisis and economic uncertainty
type: item
subject: Editorial
  topic: section
creator: Francisco Vila Tierno
rights: Copyright (c) 2026 Francisco Vila Tierno https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-03-31
publication date: 2026-03-31
starting page: 7
ending page: 11
doi: 10.24310/rejlss13202623440

https://www.revistas.uma.es/index.php/REJLSS/en/article/view/22958
type: item
title: The territoriality of non-contributory social security benefits in comparative terms, with regard to the exclusion of citizens residing in Puerto Rico, constitutionalized by the Supreme Court of the United States in 2022
description: One of the most essential characteristics of non-contributory benefits, both in Spain and in European Union law, is their territoriality. The same is true in the United States, where federal non-contributory benefits are limited to residents of the 50 States and the District of Columbia. The United States Supreme Court itself has recently confirmed this territoriality, validating the legal exclusion of residents of Puerto Rico from access to such federal non-contributory benefits.
subject: Estudios doctrinales
  topic: section
subject: Non contributory benefits
  topic: keywords
subject: Puerto Rico
  topic: keywords
subject: Social security comparative law
  topic: keywords
subject: United States
  topic: keywords
subject: United States Supreme Court
  topic: keywords
creator: Alberto Arufe Varela
creator: Jesús Martínez Girón
rights: Copyright (c) 2026 Alberto Arufe Varela, Jesús Martínez Girón https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-03-31
publication date: 2026-03-31
starting page: 52
ending page: 67
doi: 10.24310/rejlss13202622958

The generation that haven't taken off
type: item
description: This article analyzes the employment situation of Spanish youth in a context of overqualification, job insecurity, and structural uncertainty. Through this approach, it examines the mismatch between the high educational level of young people and the lack of decent opportunities in our country's labor market. It addresses changes in work culture, new generational attitudes, and the impact of working conditions on youth well-being. It also identifies the main challenges for transforming the current labor model and reviews the legal and social measures adopted in recent years by the Spanish government, paying special attention to those that remain pending.
subject: Estudios doctrinales
  topic: section
subject: work culture
  topic: keywords
subject: youth
  topic: keywords
subject: job insecurity
  topic: keywords
subject: labour reforms
  topic: keywords
subject: value of work
  topic: keywords
creator: Clara María Arrondo Asensio
rights: Copyright (c) 2025 Clara María Arrondo Asensio https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 74
ending page: 98
doi: 10.24310/rejlss12202522379

From flexible retirement to reversible retirement
type: item
description: Flexible retirement, introduced in Spain in 2002 to allow the combination of a pension with part-time employment, has remained a residual option. The draft Royal Decree transforming it into “reversible retirement” seeks to revitalise the scheme by broadening the range of permissible working hours and introducing economic incentives. However, the suppression of the possibility of recalculating the pension on the basis of new contributions significantly reduces its attractiveness, particularly for early retirees who have historically constituted its main user profile. The compatibility regime is scarcely modified, and fragmentation persists with other schemes such as active retirement or deferred retirement. Although official forecasts estimate more than 30,000 beneficiaries within the next five years, the reform raises more questions than it resolves and highlights the need to design genuinely flexible pathways between work and retirement.
subject: Estudios doctrinales
  topic: section
subject: flexible retirement
  topic: keywords
subject: reversible retirement
  topic: keywords
subject: pension-work compatibility
  topic: keywords
subject: active ageing
  topic: keywords
subject: older workers
  topic: keywords
creator: Matthieu Chabannes
rights: Copyright (c) 2025 Matthieu Chabannes https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 16
ending page: 39
doi: 10.24310/rejlss12202522313

The devilish causality of employment contract on the grounds of production circumstances
type: item
description: This essay focuses on fixed-term contracts of employment on the grounds of production circumstances to highlight the main interpretative issues raised by the current regulations and the various technical shortcomings they present. Although the art. 15 of the Workers' Statute legal reform by RDL 32/2021 sought to limit excessive temporary employment by simplifying contracts and strengthening causality, it also introduced a high degree of ambiguity in the definition of the causes that justify the conclusion of this type of fixed-term contract. This study, after conducting an exegetical analysis of the diverse types of contracts covered by art. 15.2 ET, introduces a wide range of proposals aimed at reforming current legal regulations.
subject: Estudios doctrinales
  topic: section
subject: Temporary employment
  topic: keywords
subject: Open-ended contract of employment
  topic: keywords
subject: Contract of employment on the grounds of production circumstances
  topic: keywords
subject: Contractual precariousness
  topic: keywords
subject: Causality
  topic: keywords
subject: Reform of temporary employment
  topic: keywords
creator: David Montoya Medina
rights: Copyright (c) 2026 David Montoya Medina https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-03-31
publication date: 2026-03-31
starting page: 111
ending page: 136
doi: 10.24310/rejlss13202622945

The port stevadore and the legal-labour challenges of automation and AI systems
type: item
description: The challenges of the digitalization of labor relations extend to all work sectors, including stevedoring. Automation poses a significant challenge to social dialogue and collective bargaining, given the risk of job loss and the need to implement safeguards. The stevedore faces dual automation, physical and invisible, exacerbating the sector's structural vulnerabilities. In response, classical labor law reveals inadequacies regarding algorithmic opacity and job substitution, while collective bargaining emerges as a key protective pillar. The ILA-USMX Agreement and the 2025 Lisbon Document constitute important precedents: a labor agreement and an international alliance committed to prohibiting fully automated terminals in order to preserve employment.
subject: Estudios doctrinales
  topic: section
subject: Algorithmic transparency
  topic: keywords
subject: Collective bargaining
  topic: keywords
subject: Port automation
  topic: keywords
subject: Artificial Inteligence
  topic: keywords
creator: Manuel Jesús Garnica Corbacho
rights: Copyright (c) 2026 Manuel Jesús Garnica Corbacho https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-03-31
publication date: 2026-03-31
starting page: 172
ending page: 192
doi: 10.24310/rejlss13202622904

Science and legal method in François Gény
type: item
description: It should be noted that at the time of the publication of François Gény's masterful work, “Method of interpretation and sources of positive private law” (1899), the school of thought of the School of Exegesis was dominant, although it had already entered a phase of relative decadence. Gény will cause a decisive break with respect to the positivist routine of the previous century, which had been the protagonist of this School. Behind this traditional understanding of law, there was also a certain conception of the “function of legal doctrine”. Judicial practice shows that this model of the “functional” jurist ends up participating in the creation of law that has only been “disguised” and not eliminated in the daily life of the law in action. The reaction or revolt against legal positivism that will follow puts a definitive end to any vestige of the postulates of the School of Exegesis, in Germany and France, already seriously wounded by the criticism made at the end of the 19th century by François Gény and, in general, by the various directions of legal realist thought.
subject: Clásicos del Derecho
  topic: section
subject: French School of Exegesis
  topic: keywords
subject: legal formalism
  topic: keywords
subject: legalistic positivism
  topic: keywords
subject: theory of judicial reasoning
  topic: keywords
subject: free scientific research
  topic: keywords
subject: realist normativism
  topic: keywords
subject: renewal of legal methodology
  topic: keywords
subject: role of the jurist
  topic: keywords
creator: José Luis Monereo Pérez
rights: Copyright (c) 2025 José Luis Monereo Pérez https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 127
ending page: 169
doi: 10.24310/rejlss12202522335

What is seen and what is not seen in the active retirement reform
type: item
subject: Editorial
  topic: section
creator: José Luis Tortuero Plaza
rights: Copyright (c) 2025 José Luis Tortuero Plaza https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 9
ending page: 14
doi: 10.24310/rejlss12202522380

Sexual and reproductive health in the context of labour relations
type: item
description: The paper examines the legal vicissitudes arising from the protection of sexual and reproductive health in the workplace. The new cases of temporary incapacity due to common contingencies in the event of painful menstruation, termination of pregnancy and advanced pregnancy are in line with what has been termed the ‘right to work without pain’; however, the legal design of these special situations is subject to improvement. It also studies the impact of fertility treatments and situations such as abortion on the classification of dismissals, emphasising the Supreme Court's response to possible cases of sex discrimination. Finally, scientific literature has highlighted that numerous hazards present in the workplace can have a direct impact on the sexual and reproductive health of workers, such as chemical agents (organic and inorganic) and biological, physical, ergonomic and psychosocial factors. This essay focuses on the analysis of these risks and their possible adverse effects from the perspective of occupational safety and health, paying particular attention to exposure to nanomaterials and endocrine disruptors.
subject: Estudios doctrinales
  topic: section
subject: sexual and reproductive health
  topic: keywords
subject: reprotoxic substances
  topic: keywords
subject: assisted reproduction techniques
  topic: keywords
subject: secondary dysmenorrhoea
  topic: keywords
subject: gender perspective
  topic: keywords
creator: Ana Castro Franco
rights: Copyright (c) 2025 Ana Castro Franco https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 40
ending page: 73
doi: 10.24310/rejlss12202522391

Employability and job prospects for migrant youth, refugees, and asylum seekers in Spain
type: item
description: This paper defines the concepts of migrant, refugee, and asylum seeker, analysing the labour rights and socioeconomic situation that define both the theory and practice of “employability” for each of these three legal categories. Firstly, the study focuses on the challenges and employment prospects that these social groups face or are likely to face in the future; secondly, on the influence that their socio-cultural context has on their socio-occupational integration in the current Spanish labour market; and thirdly, on the effectiveness of policies, programmes and strategies for the labour integration of young migrants. It is finally observed that many of the people who make up these groups experience particular difficulties and vulnerability in finding work (and housing), which is partly due to structural racial discrimination inherent in Spanish society.
subject: Estudios doctrinales
  topic: section
subject: employability
  topic: keywords
subject: youth
  topic: keywords
subject: migrations
  topic: keywords
subject: irregular administrative situation
  topic: keywords
subject: refugees
  topic: keywords
subject: workers
  topic: keywords
creator: Marta Sánchez-Capel
rights: Copyright (c) 2025 Marta Sánchez-Capel https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 99
ending page: 125
doi: 10.24310/rejlss12202522417

Introduction to the issue
type: item
subject: Introduction
  topic: section
creator: Francisco Vila Tierno
rights: Copyright (c) 2025 Francisco Vila Tierno https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 7
ending page: 8
doi: 10.24310/rejlss12202522459

Additional compensation in the event of unfair dismissal in article 24 of the European Social Charter as interpreted by the Supreme Court
type: item
description: R
subject: Editorial
  topic: section
subject: dismissal
  topic: keywords
subject: additional compensation
  topic: keywords
subject: European Social Charter
  topic: keywords
subject: Supreme Court
  topic: keywords
creator: Francisco Vila Tierno
rights: Copyright (c) 2025 Francisco Vila Tierno https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 7
ending page: 11
doi: 10.24310/rejlss11202522179

Towards real equality for the LGTBI community: Law 4/2023 and its impact through collective bargaining
type: item
description: This article examines the progress toward real equality for the LGTBI community in Spain, focusing on Law 4/2023 and its impact on labor relations and collective bargaining. This article, highlights the persistence of structural LGTBIphobia despite legal advancements, as shown by recent data on discrimination and violence. Law 4/2023, also known as the “Trans Law,” introduces key legal obligations for companies and public institutions, including anti-harassment protocols, equality measures, and mandatory clauses in collective agreements. The paper underscores the growing role of collective bargaining in protecting LGTBI rights through concrete commitments. Nevertheless, it notes that the effectiveness of these measures depends on proper enforcement and sustained engagement from employers, unions, and public authorities.
subject: Estudios doctrinales
  topic: section
subject: LGBTQI+ community
  topic: keywords
subject: Law 4/2023
  topic: keywords
subject: equality
  topic: keywords
subject: collective bargaining
  topic: keywords
subject: structural LGTBIphobia
  topic: keywords
subject: inclusive workplace
  topic: keywords
subject: anti-harassment protocols
  topic: keywords
subject: sexual and gender diversity
  topic: keywords
subject: labor rights
  topic: keywords
creator: Clara María Arrondo Asensio
rights: Copyright (c) 2025 Clara María Arrondo Asensio https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 167
ending page: 186
doi: 10.24310/rejlss11202522063

Environmental protection as a new content of collective labor agreements: green collective bargaining
type: item
description: Collective bargaining is the appropriate regulatory source for achieving an ecological transition tailored to the needs and characteristics of each sector and company. Analyzing the environmental clauses in collective bargaining agreements allows us to identify regulatory trends and the main measures adopted within the framework of labor relations to protect the environment and combat climate change.
subject: Estudios doctrinales
  topic: section
subject: collective bargaining
  topic: keywords
subject: environmental sustainability
  topic: keywords
subject: green-friendly agreements
  topic: keywords
subject: climate change
  topic: keywords
subject: Corporate Social Responsability (CSR)
  topic: keywords
subject: occupational health
  topic: keywords
creator: Miguel Ángel Almendros González
rights: Copyright (c) 2025 Miguel Ángel Almendros González https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 111
ending page: 145
doi: 10.24310/rejlss11202521966

The european model of skills and competences for employment in the context of the digital revolution
type: item
description: The new digital society and technological advances generate a high demand for people who are highly skilled in a wide range of skills and adaptable to the rapid advancement of knowledge and the development of new disruptive technologies. Changes in the skills required for the new jobs that are emerging make it necessary to develop flexible and innovative vocational training and lifelong learning systems. The ageing of society raises the need for lifelong vocational retraining to enable the adult population to remain educated and up-to-date throughout their lives in order to cope with the loss of skill utility. In the current era, with the development of globalisation, digitisation, robotics and artificial intelligence, a skills revolution is being sought across the European Union to ensure that people can thrive in the ‘green and digital transitions’ and to enhance new employment opportunities arising from demographic and technological changes. This is leading to a growing interest in the issues of general and in-company training; reskilling and upskilling of the workforce (‘reskilling’ and ‘upskilling’).
subject: Estudios doctrinales
  topic: section
subject: skills
  topic: keywords
subject: competences
  topic: keywords
subject: training
  topic: keywords
subject: qualification
  topic: keywords
subject: reskilling
  topic: keywords
subject: employability
  topic: keywords
creator: María Nieves Moreno Vida
rights: Copyright (c) 2025 María Nieves Moreno Vida https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 81
ending page: 110
doi: 10.24310/rejlss11202521905

Right to cease activity in the event of serious and imminent environmental risk
type: item
description: The analysis in this paper focuses on the concept of serious and imminent risk in the workplace, relating it to environmental protection both internally (the working environment and workers' health) and externally (the natural environment). The increase in external risks, such as adverse climatic phenomena or natural disasters, raises the need to extend the possibility of stopping work due to serious and imminent risk, on the one hand, to cases in which workers may be affected by such adverse weather conditions at work and, on the other, whether this right can be extended to environmental risks caused by the company itself, even if they do not directly and immediately affect workers' health. The link between people's health and the environment suggests that environmental damage may have a long-term impact on workers' health, which opens the debate on the extension of the right to work-related resistance.
subject: Estudios doctrinales
  topic: section
subject: serious and imminent risk
  topic: keywords
subject: environment
  topic: keywords
subject: environmental law
  topic: keywords
subject: health
  topic: keywords
subject: environmental delegate
  topic: keywords
creator: Macarena Ángel Quiroga
rights: Copyright (c) 2025 Macarena Ángel Quiroga https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 146
ending page: 166
doi: 10.24310/rejlss11202521919

Long-term sickness absence and return to work: from improvisation to planning
type: item
description: An analysis of more than a hundred collective agreements up to mid-2024 (the deadline set by REGCON for locating the texts in which they are registered) gives an eloquent picture of the current situation of workers who are forced to take a long break from work for health reasons. In contrast to the lack of concern for the problem, there is a variable range of isolated measures, which in some cases already take the form of a more or less complete plan, as is the case, for example, with those who have suffered from cancer.
subject: Estudios doctrinales
  topic: section
subject: sick absence
  topic: keywords
subject: return-to-work programs
  topic: keywords
subject: collective bargaining
  topic: keywords
creator: Juan José Fernández Domínguez
rights: Copyright (c) 2025 Juan José Fernández Domínguez https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 49
ending page: 80
doi: 10.24310/rejlss11202521885

Labour inspection reports, their probative value and contestation
type: item
description: This study offers an exhaustive analysis of all the legal provisions that refer to the labour inspection report and the sanctioning procedure, and, in the light of the judicial pronouncements, it records those non-compliances or irregularities that can lead to the nullity of the sanction imposed. Given the far-reaching consequences that their assessment entails, the grounds for nullity as of right are interpreted in a strict and restrictive sense. Only when the omission or irregularity entails a real and effective prejudice for the person concerned, i.e. the right to defence is deprived, is the administrative sanctioning act invalid.
subject: Estudios doctrinales
  topic: section
subject: infringement record
  topic: keywords
subject: presumption of certainty
  topic: keywords
subject: challenge
  topic: keywords
subject: nullity
  topic: keywords
subject: disciplinary proceedings
  topic: keywords
subject: defenselessness
  topic: keywords
creator: José Luis Goñi Sein
creator: Luis Pérez Capitán
rights: Copyright (c) 2025 José Luis Goñi Sein https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 13
ending page: 48
doi: 10.24310/rejlss11202521845

Science and legal method in François Gény: New science and free scientific research (Part I)
type: item
description: It should be noted that at the time of the publication of François Gény's masterful work, “Method of interpretation and sources of positive private law” (1899), the school of thought of the School of Exegesis was dominant, although it had already entered a phase of relative decadence. Gény will cause a decisive break with respect to the positivist routine of the previous century, which had been the protagonist of this School. Behind this traditional understanding of law, there was also a certain conception of the “function of legal doctrine”. Judicial practice shows that this model of the “functional” jurist ends up participating in the creation of law that has only been “disguised” and not eliminated in the daily life of the law in action. The reaction or revolt against legal positivism that will follow puts a definitive end to any vestige of the postulates of the School of Exegesis, in Germany and France, already seriously wounded by the criticism made at the end of the 19th century by François Gény and, in general, by the various directions of legal realist thought.
subject: Clásicos del Derecho
  topic: section
subject: French School of Exegesis
  topic: keywords
subject: legal formalism
  topic: keywords
subject: legalistic positivism
  topic: keywords
subject: theory of judicial reasoning
  topic: keywords
subject: free scientific research
  topic: keywords
subject: realist normativism
  topic: keywords
subject: renewal of legal methodology
  topic: keywords
subject: role of the jurist
  topic: keywords
creator: José Luis Monereo Pérez
rights: Copyright (c) 2025 José Luis Monereo Pérez https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 188
ending page: 224
doi: 10.24310/rejlss11202521768

Retirement, remuneration and the law: the inmutability of pensions rights under the nicaraguan family code
type: item
description: This article reviews the impact of the Nicaraguan Family Code, especially its influence on old-age pensioners, who assumed that they could combine the perception of the economic benefit whit access to employment. The research represents a novelty in the Nicaraguan context by addressing whether old-age pensioners can combine without restriction the enjoyment of their pension with employment, proposing solutions, and highlighting the need for reform in the configuration of social security, at the same time, it focuses on describing the legal ambiguity and opportunism arising from the regulatory disorder.
subject: Estudios doctrinales
  topic: section
subject: Senectud
  topic: keywords
subject: ancianidad
  topic: keywords
subject: compatibilidad
  topic: keywords
subject: pensión de vejez
  topic: keywords
subject: Nicaragua
  topic: keywords
creator: Luis Ernesto Alemán Madrigal
rights: Copyright (c) 2024 Luis Ernesto Alemán Madrigal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-10-22
publication date: 2024-10-22
starting page: 91
ending page: 121
doi: 10.24310/rejlss9202419852

On two (possible) breaches of international conventions on dismissal: worker prior defence and loss of representative status
type: item
description: Debates around unfair dismissal concern multiple issues: the amount and extent of compensation; whether reinstating a worker should be mandatory rather than a mere option; whether severance pay should be regarded as compensation or salary; and whether it should be related or not to the option of reinstatement. Yet, beyond these questions, other interrogations are hanging over the institution of dismissal which must be resolved and paid attention to. Indeed, they affect different aspects of the institution’s mechanisms and are specifically: the dismissed worker’s right to a prior defence and the loss of the representative status in the case of disciplinary dismissal. Both issues are today raising uncertainty because the judicial solutions currently being adopted may be contravening certain precepts of international texts, notably ILO Conventions No. 158 and No. 135. The aim of this paper was to analyse both problems in detail in order to draw the correct conclusions.
subject: Estudios doctrinales
  topic: section
subject: International Conventions
  topic: keywords
subject: Dismissal
  topic: keywords
subject: Prior Defence
  topic: keywords
subject: Workers’ Representative
  topic: keywords
subject: Representative Mandate
  topic: keywords
creator: Carolina Blasco Jover
rights: Copyright (c) 2024 Carolina Blasco Jover https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-10-22
publication date: 2024-10-22
starting page: 63
ending page: 90
doi: 10.24310/rejlss9202420059

The ‘Age of the masses’ and the conservative reaction and defense to the advent of the working classes into economic-social and political life: Gustave Le Bon (II)
type: item
description: Gustave Le Bon (1841-1931) is one of those multifaceted and difficult to pigeonhole personalities that proliferated at the end of the 19th century and between the two centuries. He was a sociologist and social psychologist, especially of sociologically oriented social psychology (although he was also a physician, physiologist and hygienist). In fact, he was one of the main founders of social psychology, whose approach was maintained in numerous works, such as Psychology of Crowds, Psychology of Socialism, Psychology of Revolutions, and so on. This new “mass psychology” would confront a new phenomenon of industrial modernity characterized by the emergence of the “multitude” as a human grouping especially prone to irrationality, manipulation of political, union and religious leaders and leaders. Le Bon emphasizes the importance of suggestion and imitation in the irrational behavior of crowds and its social, political and legal consequences. Le Bon has too often been underestimated, and yet it has been claimed that, except for Sorel, and certainly Tocqueville, no French scholar has had an influence equal to that of Le Bon, who wrote books of extraordinary impact in all fields. Le Bon analyzes the mass phenomenon from a positivist and phenomenological approach to the behavior of individuals and groups in mass societies.
subject: Clásicos del Derecho
  topic: section
subject: Mass society
  topic: keywords
subject: trade union movement
  topic: keywords
subject: mass democracy
  topic: keywords
subject: elitist theories
  topic: keywords
subject: charisma and social and political leadership
  topic: keywords
creator: José Luis Monereo Pérez
rights: Copyright (c) 2024 José Luis Monereo Pérez https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-10-22
publication date: 2024-10-22
starting page: 274
ending page: 308
doi: 10.24310/rejlss9202420160

Some current application issues regarding telework
type: item
description: The progressive incorporation of teleworking by companies as another organizational formula and its necessary adaptation to the guidelines established by Law 10/2021, of July 9, on remote work, has opened and interesting field of study on the subject. This work addresses the analysis of some issues related to the new regulation of teleworking whose practical translations, up to now, has been raising certain interpretative doubts in order to know the answer that is being offered to them both from the doctrinal and from judicial authorities.
subject: Estudios doctrinales
  topic: section
subject: teleworking
  topic: keywords
subject: remuneration
  topic: keywords
subject: conciliation
  topic: keywords
subject: work accident
  topic: keywords
subject: jurisdictional competence
  topic: keywords
subject: collective bargaining
  topic: keywords
creator: Ana María Romero Burillo
rights: Copyright (c) 2024 Ana María Romero Burillo https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-10-22
publication date: 2024-10-22
starting page: 29
ending page: 62
doi: 10.24310/rejlss9202420218

Current situation of new family models in the socio-laboral field: special attention to single parenthood and homoparenthood
type: item
description: It is undeniable that family diversity is a reality that is in constant transformation and that is increasing over the years, adopting new identities and social needs that must be addressed for the implementation of an adequate legal framework that responds to this social evolution. Specifically, the aim is to analyze the case of single-parent and homo-parent families in Spain, population groups that have particular characteristics that place them at risk of social exclusion. Among them, we can find difficulties in accessing well-paid and stable jobs, the excessive burden of domestic and care responsibilities, difficulties in starting a family, greater economic vulnerability, etc. Therefore, it is important to review the existing regulations and, especially, the Family Law Project 2024, which aims to recognize the multiple family forms present and improve effective policies to support them, in such a way that highlights the importance of financing for social protection policies.
subject: Estudios doctrinales
  topic: section
subject: discrimination
  topic: keywords
subject: social protection
  topic: keywords
subject: single-parent fanily
  topic: keywords
subject: homoparental family
  topic: keywords
subject: social exclusion
  topic: keywords
subject: diversity
  topic: keywords
creator: Aída Cabello Roldán
rights: Copyright (c) 2024 Aída Cabello Roldán https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-10-22
publication date: 2024-10-22
starting page: 122
ending page: 154
doi: 10.24310/rejlss8202420339

Some impressions about the Social Agreement of July 31, 2024 on pensions and the sustainability of the System
type: item
description: En el marco del proceso de reformas que pretenden dotar de sostenibilidad económica (y social) al Sistema Público de Pensiones en nuestro país, en el seno y la senda del Pacto de Toledo y del diálogo social, se da forma a un texto que, pendiente su traslación normativa, introduce una serie de medidas que tienden a garantizar aquel objetivo. Se trata del “Acuerdo Social para la mejora de la compatibilidad de la Pensión de jubilación con el trabajo, para la regulación de un nuevo procedimiento de acceso a la pensión de las actividades con elevada peligrosidad y para el mayor aprovechamiento de los recursos de las mutuas con el fin de recuperar la salud de las personas trabajadoras”, firmado el 31 de julio de 2024 por el Gobierno, CEOE y CEPYME y CC.OO. y UGT.
subject: Editorial
  topic: section
creator: Francisco Vila Tierno
rights: Copyright (c) 2024 Francisco Vila Tierno https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-10-22
publication date: 2024-10-22
starting page: 8
ending page: 11
doi: 10.24310/rejlss9202420503

A debate over the categorization (or not) of digital disconnection in the workplace as a fundamental right
type: item
description: The article analyzes the issue of the right to digital disconnection in the work context, arguing that the Spanish courts do not consider it a fundamental right. Court cases are presented that support this position, highlighting that failure to comply with this right can lead to the termination of the employment contract, but not to additional compensation for moral damages as it is not a fundamental right under Spanish law. However, arguments are put forward in favor of considering the right to digital disconnection as fundamental. The relevance of national and international regulations that support this right is mentioned, such as the Charter of Fundamental Rights of the European Union and the International Covenant on Economic, Social and Cultural Rights. Furthermore, the community legislative initiative to guarantee this right at the European level is highlighted. In short, it is proposed that the debate on the fundamental nature of the right to digital disconnection continues, and it is expected that future judicial decisions (Supreme Court) may change this interpretation, especially considering its relationship with the health, dignity and privacy of Workers.
subject: Estudios doctrinales
  topic: section
subject: digital disconnection
  topic: keywords
subject: directive
  topic: keywords
subject: fundamental
  topic: keywords
subject: regulation
  topic: keywords
subject: computer fatigue
  topic: keywords
creator: Francisco Trujillo Pons
rights: Copyright (c) 2025 Francisco Trujillo Pons https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-03-24
publication date: 2025-03-24
starting page: 113
ending page: 132
doi: 10.24310/rejlss10202520771

The activation of the network mechanism in the motor vehicle manufacturing sector in a context of sustainable mobility
type: item
description: The ecological transition is the fundamental pillar of the transformation of the Spanish productive model, which requires resilience or adaptation to climate change. At an industrial level, the various sectors of activity must reformulate and adapt their patterns and behaviors to a model that is more respectful of the environment and the climate. Spain has renewable resources, its own technologies and the capacity to face challenges and turn them into job creation opportunities in the automotive sector, but it needs to adopt measures to reduce emissions between now and 2030. The recent activation of the Network Mechanism in its sectoral modality provides to companies related to the manufacture of motor vehicles (directly or through the entire value chain), as long as they have work centers located in Spain, the necessary flexibility to adapt to the transitional situation, while encouraging actions timely training to complete the sector's transformation process. This will allow the requalification of workers linked to combustion vehicles, helping to lay the foundations to strengthen the competitiveness of the companies affected by this process of changes and adequately position them for the future production needs of electric and hybrid vehicles.
subject: Estudios doctrinales
  topic: section
subject: Motor vehicles
  topic: keywords
subject: ecological transition
  topic: keywords
subject: network mechanism
  topic: keywords
subject: flexibility
  topic: keywords
subject: employment stability
  topic: keywords
subject: professional requalification
  topic: keywords
creator: María de los Reyes Martínez Barroso
rights: Copyright (c) 2025 María de los Reyes Martínez Barroso https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-03-24
publication date: 2025-03-24
starting page: 12
ending page: 53
doi: 10.24310/rejlss10202521194