The labor complaint remedy: historical view and current regulation

DOI: https://doi.org/10.18543/ed.3205
Keywords: Complaint appeal, Resource of supplication, Appeal for cassation, Appeal

Abstract

The complaint appeal is a means of challenging the labor process that refers entirely to the Civil Procedure Law. This brief study aims to search for the historical origins of said resource both in the civil process (in Las Partidas and in the New Compilation) and in the labor process (the Consolidated Text of the Labor Procedure Law). At the same time, the problems that this resource presents in the labor process are analyzed, both from the perspective of scientific doctrine and from case law (Supreme Court and Constitutional Court), as a consequence of not having an ordinary resource (complaint is the only one of this nature) and the limitations of the labor process, which is why “de lege ferenda” proposals are proposed.

Received: 26.03.2024
Accepted: 10.09.2024

Downloads

Download data is not yet available.

Author Biography

Jaime Alemañ Cano, Universidad de Alicante, España

Profesor Titular de Universidad. Filósofo

Published
2024-12-23
How to Cite
Alemañ Cano, Jaime. 2024. “The Labor Complaint Remedy: Historical View and Current Regulation”. Estudios De Deusto 72 (2), 19-42. https://doi.org/10.18543/ed.3205.
Issue
Vol. 72 No. 2 (2024)
Section
Studies

Last update: 08/02/2022

The authors, by submitting their manuscripts to the Estudios Deusto. Revista de Derecho Público, accept the conditions listed below on copyright and undertake to comply with them.

  1. Authorship: The author must be the sole creator of the work or legally acting on behalf of and with the full agreement of all the authors.
  2. Copyright, liability and Ethical Guidelines:
    1. Authors warrant that their manuscript is original; has not been previously copyrighted or published in any form; is not under consideration for publication elsewhere; its submission and publication do not violate the Ethical Guidelines of Estudios Deusto. Revista de Derecho Público and any codes (of conduct), laws or any rights of any third party; and no publication payment by the Publisher (University of Deusto) is required.
    2. Authors grant to the Publisher the worldwide, sub-licensable, and royalty-free right to exploit the manuscript in all forms and media of expression, now known or developed in the future, for educational and scholarly purposes.
    3. Authors retain the right to present, display, distribute, develop, and republish their manuscript to progress their scientific career provided the original publication source (Estudios Deusto. Revista de Derecho Público) is properly acknowledged and in a way that does not suggest the Publisher endorses them or their use of the work.
    4. Authors warrant that no permissions or licences of any kind have been granted or will be granted that might infringe the rights granted to the Publisher.
    5. Authors are solely liable for the consequences that may arise from third parties’ complaints about the submitted manuscript and its publication in Estudios de Deusto. Revista de Derecho Público.
  3. Users: Estudios de Deusto. Revista de Derecho Público is an Open Access publication. Its content is free for full and immediate access, reading, search, download, distribution and reuse in any medium or format only for non-commercial purposes and in compliance with any applicable copyright legislation, without prior permission from the Publisher or the author(s). In any case, proper acknowledgement of the original publication source must be made and any changes to the original work must be indicated clearly and in a manner that does not suggest the author’s and or Publisher’s endorsement whatsoever. Any other use of its content in any medium or format, now known or developed in the future, requires prior written permission of the copyright holder.