El contrato emergente y su afectación a la estabilidad laboral.

Abstract

The main objective of the emerging special contract, established with the promulgation of the Organic Law of Humanitarian Support, was to grant better conditions that help mitigate the economic and social consequences caused by the spread of the COVID-19 pandemic, in such a way that Several adjustments and changes in working hours were allowed, in addition to important changes at the salary level, this in order to avoid massive layoffs due to economic conditions. However, this contract has been extended until the days in which this investigative work is written (2024), which generates an important debate regarding the violation of worker rights and important effects on job stability. Although there is an important sector of society (employers) that defend its continuity as a way of maintaining economic balance, the legal problem lies in the perpetuation of job insecurity in an area in which the initial 'emergency' has been already surpassed. This is why a reform of the regulatory framework is proposed with the objective of establishing clear guidelines aimed at establishing decent working conditions that include stable contracts in the post-pandemic context, guaranteeing labor protection against possible abuses based on the existence of a regulations whose main reason for existence (the COVID-19 pandemic) no longer exists.