El difícil encaje entre el ordenamiento laboral y administrativola subrogación de trabajadores en caso de reversión de servicios públicos

Resumo

In recent years, a process has been proposed that opposes the outsourcing of public services, their reversion or return to the Administration. This has generated an important labor problem: whether in these cases the subrogation of workers is applicable. The affirmative answer supposes the incorporation of workers to the Administrations without passing the selection processes. With this work we intend to analyze the fit between labor and administrative regulations, because both part of premises that may be contrary, so it is necessary an interpretive effort to harmonize both systems. In this task we must take into account the effects of the recent jurisprudence of the Constitutional Court, which significantly alters the regulatory landscape introduced by the general budget regulations.