Moments of the history of the legal culture of work

Páginas:245-247
 
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Abstract: What is the legal culture and how does it influence on the history of work? In view of these questions the author wants to give an answer taking as reference and confrontation terms the meetings of the work and the law in decisive moments of the great history: during the exit stage of the pre-industrial age of the States-Nation and in the present step to the post-industrial age characterized by the commercial exploitation of the work in the global economy. According to the author, the differences of context have not prevented the legal culture to recognize in the idea of the labour law resulting from processes of anthropological-cultural changes of a supposed shared paternity. The happened fact which deeply modifies the stages is the eclipses of the political parties of Marxist inspiration and the decline of the labour unions of confrontational vocation which were the authors and guarantor of the employment law. The unexpected main change darkens the perspective of sense grown up during the "thirty glorious years" of the 20th century and forces this way the legal culture of work, specially the left-wing one, to revise the reading key of a law which was born to fit it a little, not to remake it completely.

Keywords: Labour Law, Legal Culture, Trade unionism, Legal Foundation, Constitution.

THE REVERSION OF THE DIRECT MANAGEMENT OF THE PUBLIC SERVICES WORK PROBLEMS (SPECIAL ATTENTION TO THE LOCAL ENTITIES AND TO THE TRADING COMPANIES WITH PUBLIC FUNDS)

Abstract: This work analyzes the working problems resulting from the recovery of the services management by the Public Administrations which had been previously developed by private companies. Besides paying attention to the working problems this study focuses on considering the situation of the workers of the private company and the possibility of their inclusion in the staff of the Administration which gets the service back and the conditions in which this inclusion could be possible. In this sense we consider the cases in which the reversal of the service could be understood as a company succession with

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obligation of subrogation in the staff, analyzing the related case law to establish general conclusions about the question. In the cases of inclusion we also analyze if it could be possible through new ways of stable employment, studying the antecedents which have stood out and their problems.

Keywords: Public Administration, Public Service...

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