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The doctoral dissertation at the Faculty of Labour Sciences of the University of Murcia by Francisco Jiménez Rojas argues in its conclusions the need for substantive regulation work group companies.
Today, says the thesis-which was conducted by Professor Maria Carmen Lopez Aniorte and Perea-Prudencio Riquelme is the case with the help of scientific doctrine which must meet regulatory gaps when identifying the "true entrepreneur ".
Since it remains mostly hidden in the structural complexity of the group, the task is usually difficult to identify, even with the help of these purposes could provide the recent law regulating social jurisdiction (Law 36/2011, of 10 October).
In terms of job responsibilities, the jurisprudence has evolved from the nineties, from primary doctrine known as the "single undertaking", to adapt to the new context and productive social reality.
However, the author indicates, the fraud, in connection with the lifting of the veil or the employer apparently, still beating in the group of companies in both elusive and opaque entrepreneur, often prone to shirking.
The "decision unit", which was replaced by the "control unit" in business law in 2007, would have to be the pattern of allocation of joint liability between group companies, defends the thesis.
Another finding of the study concerns the desirability of facilitating judicial burden of proof on the worker for the restoration of a balance between the parties to the employment relationship.
Source: Universidad de Murcia
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