LA VINCULACIÓN DEL TRABAJADOR CON SU EMPRESA: NUEVAS PERSPECTIVAS

Abstract

There are many techniques in order to guarantee the temporary relationship between the worker and his company. The legislator, through art. 21 ET, includes in the Spanish Law a legal possibility to restrict the right to work in art. 35 CE. So, compentence agreements, full time job or permanence in the company won’t be supposed to involve an unjustified decrease of worker’s rights. If we consider this limit, permanence agreement, for being legal, must fulfil at the same time the requirements enclosed in art. 21 ET. However, reality raises persistently new interpretation challenges, and jurisprudence must solve, in each case, mainly based on the balance between workers and companies, and the good contractual faith.